CLAY and DODSON, P.C.

Attorneys at Law

        P.O. Box 38

         Delta CO 81416

          (970) 874-9777

                 (970) 874-7224 fax

                aaronclay@qwestoffice.net

 

May 11 2011

 

Dallas Meadows Community Association

Box 145

Ridgway CO 81432

 

RE:  Garth Valentine water rights

 

Dear Association:

 

            I have reviewed the decrees and deeds relating to the water rights held by Garth Valentine as owner of Lot 21, Dallas Meadows PUD.  I conclude the following:

 

            1.  The Wood-Perry Ditch was decreed as Priority 66 in the First General Adjudication, for 4.0 c.f.s. for irrigation.

 

            2.  In Case 79CW19, 42 gpm (.0924 c.f.s.) of this ditch, then owned by Dallas Meadows Inc. was transferred to the Dallas Meadows Domestic Well (See decree attached hereto dated 8-23-1979.)  The Court limited the use to 21 gpm for domestic purposes.  This 21 gpm was used to develop the PUD, using the well as a common source for all lots, including Garth’s lot. 

 

            3.  Dallas Meadows Inc. conveyed the Dallas Meadows Domestic Well to Dallas Meadows Community Association by Quit Claim Deed recorded 9-19-1980 at reception No. 125158 (copy attached.)  This deed reserved to Dallas Meadows Inc. the right to use the additional 10 gallons per minute on Lot 21, Dallas Meadows PUD for not more than 7 lots, or on property within or outside the PUD.  Thus, this deed was for 11 gpm.

 

            4.  In Case 82CW182, Dallas Meadows, Inc. changed the location of the 21 gpm in the Dallas Meadows Domestic Well to a new location.  (See decree attached hereto dated 8-1-1986.)  I note that Dallas Meadows Inc. did not own the 11 gpm at this time, having conveyed it to the Association in 1980.

 

            5.  Apparently to clarify the status of title, Dallas Meadows Inc. conveyed the 11 gpm of the Dallas Meadows Domestic Well as decreed in case 82-CW-182 to Dallas Meadows Community Association by Quit Claim Deed recorded 11-6-1986 at reception No. 139917 (copy attached.)

 

            6.  Dallas Meadows Community Association conveyed this 11 gpm to Dallas Meadows Domestic Water Company by deed recorded 9-30-1988 at reception No. 143560 (copy attached.)

 

            7.  Dallas Meadows Inc. conveyed Lot 21 to , who conveyed it to Charles G. Mitchell, who conveyed it to Hadeel Khalawi and Garth Wolfgang Valentine by deed recorded July 27, 1994 (copy attached.)  This deed conveyed “any and all water and water rights, ditches and ditch rights and easements appurtenant to Lot 21.”  One of the water rights appurtenant, as shown by the deed described in 3, above, was the  10 gpm reserved for use on Lot 21 or other property.

 

            This is the basis for the conclusion in my October 4 letter asking you to confirm this as your understanding.  Please let me know if you have a different belief.

 

Sincerely,

 

 Aaron R. Clay