2013-08-08_HYDROLOGY - M1977098 - Laserfiche WebLink

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IVEST DIVIDE WATER CONSERVANCY DISTRICT' WKFER ALLOTIAI-NT CONTRACT Lafarce West, Inc. Narr,e of Ahpiieaw:. 29.1 acre -feet Quantity of Water in Acre Tect: :zt:truct V090521LW(a) Map #614 _16te Activated 5/21/09 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, Section 37.45 -101, et sea., (hercinafterr%:ferred to as the "District ") foran allottuent contrct to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. li}• execution of this Contract and the attached Application, Applicant hereby agrees to the following tenns and conditions: 1. 1raterRiahts: Applicant shall own water rights at file point of diversion herein lawfully entitling Applicant to divert xvatc%which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set firth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to adtni nisi rat ioti by [he Colorado State Fngincer(luring periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quautity allotted from direct flow, storage or otherwise, to the Applicant by the District will be lintitedby thepriorily of the District's decrees and by thephysical and legal availability ofwater from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terns and conditions of this Contract. Tire District and the Applicant recognize that some of the District's decrees stay be in-the name of the Colorado River Water Conser- ation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. ]fill any limetheApplicant determines it requires less water than filearnounl herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. r 3. ]3enefjeial Use and Location of Benetirial S sc.: Any and all waterallotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or eotutnercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract TJo,?_ n7_ 7n- WO54% be F% veen the United States a:dtl,,- West DlvildelVat rCouserraucyNstrict). Appiicantsbeaeficiaiuseofopy and all water allotted shall be within or through facilities or dpon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities orat the decreed point of diversion for said other sources, and release 6r deli }eery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery ofwaterby the District from Ruedi ReservolrorGreen