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4663794 Pages: 2 of 2
<br /> 12/21/2020 04:17 PM R Fec"'.00
<br /> Carly Koppes, Clark and Recorder, Wald County, CO
<br /> milli PAII Ngrill"IKI��� BA:,I0%LIfi�Y4
<br /> Petitioner agrees that If this Contract,s terminated,Petitioner is responsible for any post pumping depletions,n accordance with 118 below If post-
<br /> pumping depletions are due,the Board of Directors shall produce a final statement that specthes the amount of future assessments based on
<br /> remaining post-pumping depletions and when those assessments will become due In the evert of a dispute regarding this Contract or in the event
<br /> Petitioner shall bring any challenge to the validity of any Decision Rule Regulation Bylaw Resolution or Polley of the Subdlstnct,Including a
<br /> challenge by Petitioner of a contract termination decision by the Board of Directors if the petitioner does not prevail in the challenge,the District
<br /> shall be entitled to an award of actual attorney fees and costs of the Disti,ut heating anti any subsequent Court review of any District decision If
<br /> Court action is necessary to resolve any dispute under this Contract,the Part es agree that toe proper venue for Water Matters is the Division One
<br /> Water Court in Greeley Colorado and shall file any actions in said venal,
<br /> 11 It is understood and agreed that any replacement water allotted by the Board of Directors brittle Subdistrict shall be for the purpose of permitting
<br /> the non-irrigation use of well water described above provided hnwr'rr,that all u-wh,ch rr,mve the benefit from the allotment shall be within the
<br /> Subdsbr t
<br /> 12 Its understood and agreed that the Board of Directors of the Subdistrict will attempt to maintain judicial and administrative approval of its plan for
<br /> augmeMabon,and any corresponding substitute supply plans or uthet upefating plan in order to enable Petitioner to operate the wells described
<br /> above in accordance with the decree entered in Case No 03CW99,any applicable rules and regulations of the State Engineer governing well
<br /> pumping,any applicable State Engineer substitute supply plan approvals,and the laws of the State of Colorado The Board of Director of the
<br /> Subdistrict do not guarantee that the Petitioner will have the continued and unrestricted use of well water Petitioner recognizes that any well
<br /> pumping under this contract wll be subject to the annual allotment issued by the Board The Subdistrict will use its best efforts to maintain a plan for
<br /> augmentation, this
<br /> supply plan or other operating plan in order to assist the Petitioner in the continued use of well water and will take such
<br /> actions as deemed proper by the Board of Director to promote and protect said plans It necessary Petitioner agrees to curtail his or her well
<br /> pumping to the extent ordered by the Board of Directors of the Subdicbict or the State or Division Engineer
<br /> 13 The annual quota is an estimate by the Subdistrict based on conditions at the pleselit bme,but Is not binding on the Subdstrict,and Is subject to
<br /> change each year The State Engineer and Division Engineer,or the Water Court,have the authority to make the final determination as to the
<br /> amount of pumping allocation water that,s acceptable and so no estimate by the Subdistrict should be considered binding or final
<br /> 14 Pursuant to g37-45-125(2)(f)C R S,the annual special assessment herein shall become a ia�hen iipnn the lands for which such water is petitioned
<br /> and allocated upon termination of this contract,any unpaid assessment will r—in a hen upon the land
<br /> 15 The term of this contract shall be for the calendar year beginning January 1 after the signing of this contract.but if replacement water is required
<br /> during the calendar year the contract Is signed,then the term shall begin irnmediately upon execution in which event the contract shall expire at the
<br /> end of the calendar year The contract shall be automatically renewed each year,If timely payment Is made,unless notice in writing is given by
<br /> either party canceling the contract thirty(30)days prior to the end of the calendar year
<br /> 16 It is understood and agreed that the replacement water allotment is made for the exclusive benefit of the Petitioner and may not be transferred
<br /> without the prior written approval of the Board of Directors of said Subdistrict by a new contract
<br /> 17 Petitioner understands that the Subdistrict has adopted a groundwater measuring program and ag,ebs to install,at Petitioner cost,such measuring
<br /> devices as may be called for by the Board of Director of the Subdistrict
<br /> 18 Petitioner understands that in the event that pumping from the well(')described in this Petition ceases there will nevertheless be post-pumping
<br /> depletions affecting the South Platte River(and Its tributaries,where applicable)for a number of years following cessation of pumping In such event.
<br /> Petitioner's obligations under this contract,including but not limited to payment of annual special assessments,shall extend for so long as post-
<br /> pumping depletions continue Any annual special assessment imposed for the purpose of replacing post pumping depletions shall become a tax hen
<br /> upon the lands for which such water is petitioned and allocated Upon termination of this contract any unpaid assessment will mil am a lien upon the
<br /> land
<br /> 19 This cone-1,is not intended to benefit any Party othtI tha,Petit-ro,aru there shall be no third party beneficiaries to this Contract,except in Cases
<br /> Where a third party lender i,a,,additional Pebh One,to the Contra,t for tire t urpOSe of Securing indebtedness Pi,tare r understands that Petitioner
<br /> is responsible for the acts or omissions of any of Petitioner's tenants lessees licensees or guests and shall be directly responsible for the acts of the
<br /> same In reference to the rights and responsibilities under this Contract
<br /> 20 Nothing herein shall be construed or interpreted as a waiver,express or looked,of the Subdistrict's rights under the Governmental Immunity Act
<br /> C R S 524-10-101 et seq
<br /> PETITIONER MUST PROVIDE ALL INFORMATION REQUESTED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING.THE INFORMATION
<br /> MUST BE CORRECT AND ACCURATE SINCE THE SUBDISTRICT RELIES ON IT TO GRANT THE CONTRACT AND CANNOT BE RESPONSIBLE FOR
<br /> INCORRECT OR INACCURATE INFORMATION.
<br /> Petitioner
<br /> r Pehhone•
<br /> i The foregoing instrument was acknowledged before me by the above signed this tley ol �� ,200/
<br /> WITNE95 rJJrrr�yy(hand aid off, I seal ` ail K 1111
<br /> NOTARY PUBM
<br /> chat u c �r // nn A�i BTATE OF COLORADO
<br /> My commission expires G✓"_ ? NOTARY 10 20034oia 159
<br /> salic
<br /> ck,EXPIRES JUNE 2 2d2
<br /> ORDER FOR CLASS D NON-IRRIGATION WATER ALLOTMENT
<br /> Proper notice having been given and hearing held,It is ORDERED that the above petition be granted and,s hereby made a contract and an initial allotment
<br /> of 100 0 acre-feet of replacement water be made to the(ands therein described upon the terms,and payable in the manner,as stated in said petition,the
<br /> initial amount payable being an annual assessment of$7200 Failure to notify the Board of Directors of any material changes may result In the Immediate
<br /> termination of this cgntract +�
<br /> DONE this�day of ,20 Jh U
<br /> WELL AUGMENTATION SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT
<br /> By i�u.4 T.President
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<br /> ATTEST
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<br /> CEM &COLORADO WATER
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<br /> GREMDer Co 8DW
<br /> Central Colorado Water Conservancy District 2/2
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