PROJ00079

• Contract/PO #: FS0012X
• Contractor Name: New Castle, Town of
• Contract Type: Loan
• Water District: 0
• County: Garfield
• Loan Projects - Doc Type: Feasibility Study

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. 87CW373

Ditch water rights.

H. Water rights.will be conveyed from Eric C. Williams to the Town of New Castle,
first from the Coryell Ditch water rights and second from the Red Rock Ditch
water rights, as dry up occurs and development takes place. Therefore, for each
acre of land dried up, up to the first 140 acres, Eric C. Williams will dedicate to
the Town of New Castle 0.02 c.f.s. of the senior Coryell Ditch water right (as
identified in Paragraph 5.A.) and 0.035 c.f.s. of the junior Coryell Ditch water
right (as identified in Paragraph 5.B.) for use in this plan. After a total of 140
acres have been dried up, Eric C. Williams will execute a quit-claim deed to the
Town of New Castle for all water rights owned by him in the Coryell Ditch. For
each acre dried up under the Red Rock Ditch (which shall be deemed herein to
be any acreage at the Castle Valley Ranch dried up after the first 140 acres), Eric
C. Williams shall dedicate to the Town of New Castle 0.019 c.f.s. of the first
priority in the Ited Rock Ditch (as identified in Paragraph 5.C., above), 0.0016
c.f.s. in the second priority of the Red Rock Ditch (as identified in Paragraph
5.D., above), and 0.032 c.f.s. in the third priority to the Red Rock Ditch (as
identified in Paragraph 5.E., above) for use in this plan. Once all historically
irrigated acreage is dried up and all water rights in the Red Rock Ditch are used
by the Town of New Castle as set forth above, Eric C. Williams will execute a
quit-claim deed to the Town of New Castle for all water rights owned by him in
the Red Rock Ditch. Should Eric Williams decide to cease development, he may,
at his option, declare that there will be no more EQRs built. In such event,
conveyance by quit-claim deed of only. ~at~rtion of the water rights used and
dedicated to the plan will be requ~. '.___n . n ,. . - .

The Applicant shall ensure that the water rights decreed to the Coryell and Red
Rocks Ditches are administered according to their priorities alld, if necessary,
upstream junior water rights shall be curtailed in order to ensure that such senior
rights are satisfied.

The Applicant shall bypass at or below the Coryell and/or Red RockS headgate
an am~unt equal to diversions being made under the New Cas.tle Water System
First Enlargement water right. The remainder of the Coryell Ditch and Red
Rocks Ditch water rights that are used for augmentation purposes will be released
to the stream andsl1epherded past the Ware & Hinds head gate by the Division
Eng~neer. The Division Engineer shall detennine and advise Applicant as to the
measuring devices and structures necessary to accomplish such bypass and
shepherding, and it shall be the responsibility of the Applicant to construct and
maintain such structures reasonably required by the Division Engineer.

1. The diversions by the New Castle water system, for water service to areas other
than the Castle Valley Ranch P.U.D., shall be deemed to be made under the New
Castle Water Works System and Pipeline water right (as identified in Paragraph
4.A., above. .

C:\flLES\NEWCAST.I DE
July 17. 1991

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