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DIVISION 5 WATER COURT- DECEMBER 2019 RESUME

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

Section 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of notifying interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water division pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans to the Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications for the State Engineer’s approval of interruptible water supply agreements under section 37-92-309(3)(a), C.R.S., and notice of applications for fallowing-leasing pilot projects under section 37-60-115(8)(e)(II).

This notice is an invitation to be included on the SWSP notification list. To receive this information by e-mail, provide your name, e- mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Substitute Water Supply Plan Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, or e-mail to: [email protected]. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us.

PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST

Pursuant to Rule 17.5.D of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.I of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division.

To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Produced Nontributary Ground Water Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, or e-mail to: [email protected].

Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources website at: www.water.state.co.us.

1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3152 MESA COUNTY - ; Valley Exchange Properties IV, LLC; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR SURFACE WATER RIGHT; Name, address, and telephone number of applicant: Valley Exchange Properties IV, LLC; 633 24 Road; Grand Junction, CO 81505; Request for surface right: Name of structure: Timberline Diversion; Legal description: NW1/4 of the SW1/4 of Section 4, Township 1 South, Range 1 West, Ute Meridian, at a point 102 feet from the west line and 2,571 feet from the south section line; Source: Leach Creek, tributary to the Colorado River; Information regarding appropriation: Date of appropriation: September 10, 2019; How appropriation was initiated: By beginning construction on property and by retaining counsel to prepare water rights application; Amount: 0.12 cubic feet per second (50 gallons per minute), conditional; Use: Irrigation of 2 acres of lawn and landscape in the NW/4 SW/4 of Section 4, Township 1 South, Range 1 West, Ute Meridian. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 2 may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3153 EAGLE COUNTY – COTTONWOOD CREEK - TRIBUTARY TO THE COLORADO RIVER. APPLICATION FOR CORRECTION OF AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO C.R.S. §37-92-305(3.6). Applicant: James Craig Bair Ranch Co, LLC, c/o Neil W. Goluba, Goluba & Goluba P.C., P.O. Box 931, Glenwood Springs, Colorado 81602, (970) 945-9141. Name of Structure: The Bair Ditch, Priority Nos. 175 and 184D. Original Decree: CA1038. Decreed Location: Located on the east bank of Cottonwood Creek at a point whence the West ¼ Corner of Section 20, Township 5 South of Range 86 West of the 6th P.M. bears N41°15’W, 3,069 feet. Appropriation Date: (a) Priority No. 175 – May 1, 1929. (b) Priority No. 184D – April 1, 1934. Amount: (a) Priority No. 175 – 0.56 cfs. (b) Priority No. 184D – 2.23 cfs. Historic Use: Irrigation. Statement of Correction: The current and historical physical point of diversion for the Bair Ditch is more than 500 feet from the originally decreed location. The current physical point of diversion for the Bair Ditch has remained in the same location since the original Decree for the Bair Ditch. There is no evidence of a previous diversion at the originally decreed location and the topography would not allow for diversion at such location. The Bair family has owned or otherwise been familiar with the Bair Ditch and the property upon which it is located and utilized since the early 1900s. James Craig Bair has been personally familiar with the point of diversion of the Bair Ditch for nearly 70 years and confirms that the point of diversion of the Bair Ditch has been and remained in its current location during such period and based on information and belief, was never previously moved or relocated. Legal Description of Corrected Point of Diversion: UTM Coordinates – Zone 13, X: 322985, Y: 4384798. Owner of Land Upon Which the Structure is Located: James Craig Bair Ranch Co, LLC (5 pages, including Exhibit). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3154 GARFIELD COUNTY – COLORADO RIVER OR ITS TRIBUTARIES - APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO § 37-92-305(3.6), C.R.S. Caerus Piceance LLC (“Caerus”) c/o Jennifer M. DiLalla, Gregor A. MacGregor, Moses, Wittemyer, Harrison and Woodruff, P.C., 2595 Blvd., Suite 300, Boulder, Colorado 80302. 2. Decreed water right for which correction is sought: 2.1 Name of structure: Parachute Diversion Structures Water Right, North Parachute Ranch West Fork Creek Point of Diversion. 2.2 Original decree: Case No. 10CW175, entered August 25, 2013, District Court, Water Division No. 5 (“10CW175 Decree”). 2.3 Point of diversion: The Parachute Diversion Structures Water Right is a single water right that may be diverted at any one or more of four alternate points of diversion. The North Parachute Ranch West Fork Creek Point of Diversion is described as follows in the 10CW175 Decree: Located on West Fork Parachute Creek in the NW1/4 of the NE1/4 of Section 8, T5S, R96W of the 6th P.M., 1,753 feet from the East section line and 1,204 feet from the North section line of said Section 8, as shown on the map attached as Exhibit A. This Application does not seek to correct any other point of diversion decreed to the Parachute Diversion Structures Water Right. 2.4 Source: West Fork Parachute Creek, tributary to Parachute Creek, tributary to the Colorado River. 2.5 Appropriation date: June 30, 2004. 2.6 Amount: 3.0 c.f.s. (1.08 c.f.s. absolute; 1.92 c.f.s. conditional). 2.7 Use: Fully-consumptive industrial purposes in connection with oil and gas drilling and production, including without limitation drilling, hydraulic fracturing, completion of oil and gas wells, pipeline pressure testing, tank hydrostatic testing, pond testing, dust suppression, chemical makeup, equipment washing, and pad reclamation, and including the right of use, reuse, successive use, and disposition to extinction. 2.8 Place of use: Lands located in Garfield, Rio Blanco, or Mesa Counties on which Caerus is conducting oil and gas drilling or other industrial uses or for which Caerus has contracted to provide water from the Parachute Diversion Structures Water Right for such purposes. 3. Detailed description of proposed correction: 3.1 Complete statement of correction: 3.1.1 In pending Case No. 19CW3108, Caerus seeks, among other things, a finding of reasonable diligence for and to make absolute in part the Parachute Diversion Structures Water Right. Caerus became aware of the erroneously described point of diversion described herein during the water commissioner’s field inspection in Case No. 19CW3108, in which the Division Engineer’s Summary of Consultation filed on December 3, 2019, documented that the actual location of the North Parachute Ranch West Fork Creek Point of Diversion is over 500 feet from its decreed location. 3.1.2 The legal description of the North Parachute Ranch West Fork Creek Point of Diversion in the 10CW175 Decree places the location approximately 500 feet north of and several hundred feet in elevation above the channel of the West Fork Parachute Creek, and approximately 1,783 feet north and east of the actual point of diversion on West Fork Parachute Creek. 3.1.3 Caerus has pipeline infrastructure built to the actual point of diversion, which infrastructure was installed by a remote predecessor in interest to Caerus in ownership of the underlying property. 3.1.4 In accordance with section 37-92-305(3.6), C.R.S., the North Parachute Ranch West Fork Creek Point of Diversion is a point of diversion of surface water (A) that has been at the same physical location since the 10CW175 Decree confirmed the water right; (B) that is not located at the location specified in the 10CW175 Decree; and (C) from which Caerus has diverted water with the intent to divert pursuant to the 10CW175 Decree. The point of diversion therefore is established but erroneously described in the 10CW175 Decree. 3.1.5 In

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 3 accordance with the case management plan in Case No. 19CW3108, Caerus files this Application to correct the erroneously described point of diversion before moving forward with that pending case. 3.2 Legal Description of the corrected point of diversion: 3.2.1 Location information in UTM format: 4390505 Northing, 740761 Easting, Zone 12, as shown on the map attached as Exhibit A. 3.2.1.1 Source of UTM coordinates: On-the-ground shot recorded with a GPS device with post-recording correction. 3.2.1.2 Accuracy of location displayed on GPS device: Within one meter. 3.2.2 PLSS legal description: SE1/4 of the NW1/4 of Section 8, T5S, R96W of the 6th P.M., in Garfield County, Colorado, 2,314 feet from the North section line and 2,107 feet from the West section line of said Section 8, as shown on the map attached as Exhibit A. 3.2.2.1 Source of PLSS description: On-the-ground shot recorded with a GPS device with post-recording correction. Survey data for the section corners in Section 8, as determined from an on-the-ground survey made by a licensed surveyor, were used to determine distance from section lines. 4. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: No diversion structure or storage structure will be constructed or modified and no water will be stored under this Application. Caerus owns the land underlying the corrected location of the North Parachute Ranch West Fork Creek Point of Diversion. Wherefore, Caerus requests that the Court enter a decree granting this Application and correcting the erroneously described point of diversion for the Parachute Diversion Structures Water Right, North Parachute Ranch West Fork Creek Point of Diversion, as described herein. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3155 MESA AND GARFIELD COUNTIES - COLORADO RIVER; George H. Gipp and Joann Gipp Living Trust; c/o John R. Pierce and Bruce C. Walters, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR WATER STORATE RIGHT; Request for storage right: Gipp Pond, First Enlargement; Introduction: In Case No. 2010CW303, Applicants were decreed an absolute water storage right in the Gipp Pond for 16.1 a.f. with a conditional right to continuously refill when in priority up to 340 a.f. annually, for commercial, industrial, piscatorial, recreation, stock watering, wildlife watering directly from the pond, and fire protection uses. By this Application, Applicants seek to enlarge the Gipp Pond to add a conditional right for irrigation use. Name of structure: Gipp Pond, First Enlargement; Legal description: NE/4 NE/4 of Section 24, Township 9 South, Range 94 West, 6th P.M., 135 feet from the north section line and 860 feet from the east section line; Source: Horse Gulch via releases from the Spring Pond, Buzzard Creek via the Advent Ditch, Gipp Enlargement under the water right decreed in Case No. 2010CW303, Collier Creek via releases from the High Pond, and return flows from irrigated land under the Gipp Ditch, all tributary to Plateau Creek, tributary to the Colorado River; Information regarding appropriation: Date of appropriation: June 4, 2019; How appropriation was initiated: By retaining an attorney and hydrologist to review storage structures located on Applicants’ property and to prepare this Application; Amount: 16.1 acre-feet, conditional, with the right to fill and refill in priority, subject to the 340 a.f. annual refill limitation set out in Case No. 2010CW303; Use: Irrigation; Regarding irrigation: Water stored in the Gipp Pond will be released and delivered by pump for the supplemental irrigation of 102 acres located on Applicants’ property; Surface area of high-water line: 3.47 acres; Vertical height of dam: 6 feet; Total capacity: 16.1 a.f. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3156 (07CW210) VAIL ASSOCIATES, INC. (“Vail”), c/o Annie Kao, 390 Interlocken Crescent, Suite 100, Broomfield, Colorado 80021, and the OF AMERICA, c/o USDA-Forest Service, Regional Hydrologist, 1617 Cole Blvd., Building 17, Lakewood, Colorado 80401. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, in EAGLE AND SUMMIT COUNTIES. Please send all pleadings and correspondence to P. Fritz Holleman and Bradley N. Kershaw, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder Colorado, 80302, and to Jeffrey N. Candrian, U.S. Department Of Justice, Environment and Natural Resources Division, 999 18th Street, South Terrace, Suite 370, Denver, Colorado 80202. 2. Description of water rights from previous decree: A. Name of Structure: Tea Cup Bowl Well No. 1. i. Original Decree: By the District Court in and

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 4 for Water Division No. 5, Case No. 07CW210, entered on December 8, 2013 (the “07CW210 Decree”). ii. Legal Description: Located within the NW1/4 of the SW1/4 of Section 27, T. 5 S., R. 80 W., 6th P.M., 1383 feet from the South line and 404 feet from the West line of the NW1/4 SW1/4 of said Section 27. See Figure 1 attached to the application. iii. Source: Groundwater tributary to Two Elk Creek, which is tributary to the , which is tributary to the Colorado River. iv. Amount: 15 gallons per minute (“gpm”), conditional. v. Appropriation Date: June 12, 2007. vi. Use: Snowmaking purposes. vii. Remarks: This well is augmented pursuant to the plan for augmentation approved by the 07CW210 Decree, which includes the conditional appropriative right of exchange described in paragraph 2.B below. Pursuant to paragraph 20 of the 07CW210 Decree, the water right for the Tea Cup Bowl Well No. 1 was jointly adjudicated in the name of Vail and the United States of America. B. Name of Exchange: Tea Cup Bowl Well No. 1 Exchange (a.k.a. Two Elk Creek/Eagle River Depletion Reach). i. Original Decree: 07CW210 Decree. ii. Legal Description: a. Upstream terminus: Tea Cup Bowl Well No. 1, described above in paragraph 2.A. b. Downstream terminus: The confluence of Two Elk Creek and the Eagle River, which is located within the NW1/4 of the NW1/4 of Section 1, T. 6 S., R. 81 W., 6th P.M., 890 feet from the North line and 430 feet from the West line of said Section 1. iii. Rate of Exchange: 15 gpm, conditional. iv. Appropriation Date: October 15, 2007. v. Remarks: See paragraph 6 of the 07CW210 Decree for a description of the augmentation plan and exchange. The plan for augmentation and exchange is subject to the terms and conditions in paragraph 19 of the 07CW210 Decree. Pursuant to paragraph 20 of the 07CW210 Decree, the plan for augmentation and exchange was adjudicated in the name of Vail and will be retained by Vail in the event that the USDA Forest Service special use permit for the Vail Ski Area is terminated. C. Return Flow Reservation: As set forth in paragraphs 8 and 15 of the 07CW210 Decree, Vail claims all rights to the snowmaking return flows augmented pursuant to the 07CW210 plan for augmentation and exchange, up to 0.80 acre feet, and is entitled to make a succession of uses of the subject return flows to the extent snowmaking diversions at Tea Cup Bowl Well No. 1 are fully augmented. A specific plan that will consider the timing and amount of the return flows will be provided in a subsequent water court application and Vail continues to claim all rights to the subject return flows. 3. Detailed outline of work performed to complete application of water to beneficial use: The subject water rights are part of an integrated water supply system used by Vail at the Vail Ski Area. Vail has engaged in numerous activities during the relevant diligence period that demonstrate diligence toward the application of the subject water rights to the decreed beneficial use, and has incurred significant expense in investigations and capital improvements related to its water supply facilities in order to provide a dependable legal and physical supply of water for the Vail Ski Area. All such expenditures are necessary steps in the development of Vail’s integrated water supply and snowmaking system and the subject water rights in particular. Applicants’ efforts toward development of the subject conditional water rights during the diligence period include, but are not limited to, the following: A. Vail has incurred substantial expense in the further planning, development, and construction of improvements to its integrated water supply system. In particular, Vail incurred capital costs and expenditures of well over $15,000,000 during the diligence period to plan, operate, maintain, upgrade and significantly expand its snowmaking facilities at the Vail Ski Area. B. Vail has continued as the majority shareholder of Eagle Park Reservoir Company and has paid its assessments and otherwise worked to maintain the Eagle Park Reservoir water that is the source of the replacement supply for depletions from the Tea Cup Bowl Well No. 1 in the plan for augmentation and exchange approved in the 07CW210 Decree. C. Vail has adjudicated other applications for water rights in Water Division No. 5 that are part of the integrated system for the Vail Ski Area and the Eagle Park Reservoir augmentation supply, including decrees in Case Nos. 18CW3069 and 18CW3140. D. Vail Ski Area operates on lands owned by the United States of America and managed by the USDA-Forest Service under a Ski Area Special Use Authorization. The USDA-Forest Service issued an amendment to Vail’s Ski Area Special Use Authorization on August 17, 2018. The authorization is valid until August 17, 2031. E. Applicants have regularly monitored the filings of other water users, and have incurred significant legal and engineering costs in connection with numerous cases to protect their water rights. F. Applicants continue to rely upon the subject water rights and have no intention to abandon them. 4. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Tea Cup Bowl Well No. 1 is on land owned by the United States of America. WHEREFORE, Applicants request that the Court issue a final decree (i) finding that Vail and the United States of America have been reasonably diligent with respect to the conditional water right for the Tea Cup Bowl Well No. 1 described in paragraph 2.A.; (ii) finding that Vail has been reasonably diligent with respect to the subject conditional exchange described in paragraph 2.B.; (iii) continuing the subject conditional water rights for an additional diligence period; and (iv) granting such other and further relief as may be appropriate. (7 Pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3157 PITKIN COUNTY – TRIBUTARIES TO WOODY CREEK, TRIBUTARY TO ROARING FORK RIVER AND COLORADO RIVER. GRE II, LP c/o Kevin L. Patrick, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 5

WATER RIGHTS ABSOLUTE. First Claim: GRE Pond and Water Features. Original Decree: December 15, 2013, Case No. 11CW117, Division 5 Water Court. Legal Description: GRE Pond Dam is located in the SW 1/4 SW 1/4 of Section 23, Township 9 S., Range 85 W. of the 6th P.M., 1,082 feet from the South section line and 643 feet from the West section line. GRE Water Features surround the residence at SE 1/4 SW 1/4 of Section 23, Township 9 S., Range 85 W. of the 6th P.M., 1,109 feet from the South section line and 1,307 feet from the West section line. Map on file with Court as Exhibit A. Source: On-site run-off and precipitation tributary to an unnamed drainage that is tributary to Woody Creek, tributary to the Roaring Fork and Colorado Rivers; and Consumptive use credits from the change of 0.057 c.f.s. of Applicant’s 0.375 c.f.s. ownership interest in the Red Mountain Ditch, Priority 205 decreed in Case No. 11CW117. Map of Red Mountain Ditch is on file with the Court as Exhibit B. Fill rate: 0.375 c.f.s. with a right to fill and refill, for purposes of replacing seepage and evaporation losses. Date of Appropriation: April 5, 2011. Amount: 2.43 acre-feet conditional. Uses: Aesthetic, livestock, piscatorial, and recreational. Surface area of high water line: 0.41 acre. Max dam height: 10 feet. Max dam length: 400 feet. Total reservoir capacity: 4.0 acre-feet (all active). Claim for absolute: Applicant completed construction of residence on property shown on Exhibit D, including installation of components of the GRE Water Features shown on Exhibit D. Specific constructed features as well as an outline of work completed towards appropriation, including expenditures, are described in Exhibit E. All exhibits are on file with the court. Date applied to beneficial use: October 25, 2012. Amount: 0.0052 acre-feet (1,683 gallons) absolute, total surface area of 0.0152 acre (336.6 square-feet). Uses: Aesthetic and recreational. Remarks: GRE Pond and Water Features are augmented under the plan for augmentation decreed in Case No. 11CW117. Second Claim: GRE Exchange. Original decree: December 15, 2013, Case No. 11CW117, Division 5 Water Court. Legal Description: Downstream termini: Points of replacement on the Roaring Fork and/or Colorado Rivers of the BWCD’s water rights: Green Mountain Reservoir water: SE ¼ NW ¼ of Section 9, Township 6 S., Range 89 W. of the 6th P.M., at a point 2,200 feet from the North section line and 2,350 feet from the West section line; and/or Troy and Edith Ditch water: SW ¼ SE ¼ of Section 7, Township 8 S., Range 86 W. of the 6th P.M., at a point 647 feet from the South section line and 1,475 feet west of the East section line; Robinson Ditch water: NW ¼ SE ¼ of Section 11, Township 8 S., Range 87 W. of the 6th P.M., at a point 2,307 feet from the South section line and 2,309 feet from the East section line. Upstream terminus: Point where return flows from Applicant’s interest in Red Mountain Ditch, Priority 205: NW 1/4 NW 1/4 of Section 23, Township 9 S., Range 85 W. of the 6th P.M., 785 feet from the North section line and 1,149 feet from the West Section Line. Maps on file with Court as Exhibits C and D. Source: 0.5 acre-feet of BWCD water marketing supplies, under Amended Water Allotment Contract No. 592: Green Mountain Reservoir (NE 1/4 SE 1/4 of Section 15, Township 2 S., Range 80 W. of the 6th P.M., at a point 2,312 feet from the South section line and 992 feet from the East section line); Ruedi Reservoir (NW 1/4 NW 1/4 of Section 18, Township 8 S., Range 84 W. of the 6th P.M., at a point 324 feet from the North section line and 984 feet from the West section line); Troy Ditch (NW 1/4 NE 1/4 of Section 14, Township 8 S., Range 84 W. of the 6th P.M., at a point 285 feet from the South section line and 967 feet from the East section line); Edith Ditch (SW 1/4 SW 1/4 of Section 12, Township 8 S., Range 84 W. of the 6th P.M., at a point 326 feet from the South section line and 981 feet from the West section line); Robinson Ditch (NW 1/4 SE 1/4 of Section 11, Township 8 S., Range 87 W. of the 6th P.M., at a point 2,307 feet from the South section line and 2,309 feet from the East section line). Appropriation date; May 18, 2011. Amount: 0.004 c.f.s. conditional, volumetric limit of 0.4 acre-foot per year. Use: Exchange of water under the plan for augmentation decreed in Case No. 11CW117. Operation: Applicant shall replace lagged non-irrigation season return flows associated with the change of water right decreed in Case No. 11CW117 pursuant to the 11CW117 plan for augmentation by this exchange. Claim for absolute: Downstream “Cameo Call” was on the Colorado River for the entire month of October 2015. Applicant operated the GRE Exchange that month at the maximum rate of 0.004 c.f.s. Applicant’s WY2015 accounting is on file with the Court as Exhibit F. Date of beneficial use: October 15, 2015. Absolute amount: 0.004 c.f.s. Applicant owns the property where the GRE Pond and Water Features are located and are or will be put to beneficial use. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3158 MESA COUNTY. WALLACE GULCH, TRIB. TO PLATEAU CREEK, KING GULCH, TRIB. TO COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Laramie Energy, LLC, c/o Sara M. Dunn, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, Telephone: 970-928-3467. Summary of Appl. Applicant requests a finding that it has been reasonably diligent in the development of the conditional water rights awarded to the Harvey Ditch No. 3 and its two alt. pts. of diversion the Harvey Ditch No. 3 Alternate No. 1 and the Harvey Ditch No. 3 Alternate No. 2. Structure: Harvey Ditch No. 3. Orig. Decree: Case No. 02CW399, Dist. Court Water Division 5, entered on 4/29/2007. Subsequent Diligence: Case No. 13CW44, Dist. Court Water Division 5 on 12/15/2013. Legal Description: Harvey Ditch No. 3 original pt. of diversion is located in the NE1/4SE1/4 of Sec. 13, T. 10 S., R. 97 W., 6th P.M. at a pt. 2,510 ft. N. of the S. Sec. Line, and 510 ft. W. of the E. Sec. Line. Harvey Ditch No. 3 Alt. No. 1 is located in the SE1/4NE1/4, Sec. 13, T. 10 S., R. 97 W., 6th P.M. at a pt. 2,450 ft. S. of the N. Sec. Line, and 200 ft. W. of the E. Sec. Line. Harvey Ditch No. 3 Alt. No. 2 is located in the NW1/4SE1/4, Sec. 13, T. 10 S., R. 97 W., 6th P.M.

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 6 at a pt. 1,600 ft. N. of the S. Sec. Line, and 1,840 ft. W. of the E. Sec. Line. Source: Harvey Ditch No. 3, original pt. of diversion: Wallace Gulch, trib. to Plateau Creek, trib. to the Colorado River. Harvey Ditch No. 3 Alt. No. 1: Plateau Creek, trib. to the Colorado River. Harvey Ditch No. 3 Alt. No. 2: King Gulch, trib. to the Colorado River. Date of Approp.: 6/1/2002. Amt: Cumulative diversions at the Harvey Ditch No. 3 and its two Alt. pts. of diversion shall not exceed 1.066 c.f.s. Diversions at the Harvey Ditch No. 3 Alt. No. 1 shall not exceed 1 c.f.s.; Harvey Ditch No. 3: 0.75 c.f.s. cond. for irr. of up to 30 acres; Harvey Ditch No. 3 Alt. No. 1: 1 c.f.s. cond. for irr. of up to 40 acres and of this 1 c.f.s., 0.033 c.f.s. cond. for livestock watering; Harvey Ditch No. 3 Alt. No. 2: 0.75 c.f.s. cond. for irr. of up to 30 acres and 0.033 c.f.s. cond. for dom. use (0.25 c.f.s. absolute for irr. of 10 acres and 0.033 c.f.s. absolute for livestock watering). Use: Dom. water for one single family residence and wash facilities inside barn, irr. and livestock watering for up to 45 head of cattle and chickens. Number of acres irrigated: 40 acres located within the description NE1/4SW1/4, N1/2SE1/4, S1/2NE1/4 AND SE1/4NW1/4, Sec. 13, T. 10 S., R. 97 W., 6th p.m. A map showing the areas of existing irr. proposed irr. and pts. of diversion for the original and alt. pts. of diversion is attached to application as Figure 1. A list of diligence activities and expenditures is on file with this court. Names and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. 6 pgs. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3159 EAGLE AND PITKIN COUNTIES. IVANHOE CREEK AND FRYING PAN RIVER TRIBUTARY TO COLORADO RIVER. Application for Appropriative Rights of Exchange by the City of Aurora, Colorado, a municipal corporation of the counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise (“Aurora”): 15151 E Alameda Pkwy Ste 3600, Aurora, CO 80012-1555, Telephone: (303) 739-7370, Email: [email protected]. Attorneys: John M. Dingess and Teri L. Petitt, Hamre. Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite Street, Suite 500, Denver, Colorado 80237-1829, phone (303) 779-0200, fax (303) 779-3662, [email protected], [email protected], [email protected]. 2. Introduction. Aurora is a party to an Agreement and Intergovernmental Agreement between Aurora, Colorado River Water Conservation District, Basalt Water Conservancy District, Board of County Commissioners of Eagle County, Board of County Commissioners of Pitkin County, Grand Valley Water Users Association, Orchard Mesa Irrigation District, and the Ute Water Conservancy District, Effective Date August 1, 2018 (the “Settlement Agreement”). As contemplated and limited by the terms of the Settlement Agreement, Aurora seeks judicial determination of appropriative rights of exchange by which 900 acre feet of water from Grizzly Reservoir, part of the Twin Lakes Reservoir and Canal Company (“Twin Lakes”), available to Aurora via its share ownership and over which Aurora has maintained dominion and control in any one year, will be placed from Grizzly Reservoir into Lincoln Gulch, a tributary of Lincoln Creek, or bypassed from the Twin Lakes system’s Roaring Fork River basin facilities into other tributaries of the Roaring Fork River, and then exchanged from the confluence of the Roaring Fork and Fryingpan Rivers upstream on the to Ruedi Reservoir and an additional exchange, as a component subset of the 900 acre feet, up to 450 acre feet in any one year from Ruedi Reservoir upstream to Ivanhoe Reservoir located upon Ivanhoe Creek for subsequent movement into Water Division No. 2. Aurora currently owns 2,499.275 shares of Twin Lakes representing approximately five percent of the total issue of 49,588.965 shares. As a Twin Lakes shareholder, Aurora may call for deliveries and bypasses of its “in priority” water derived from the transbasin component of its Twin Lakes shares at or near the outlet of Grizzly Reservoir, located in Pitkin County within Lincoln Gulch upon Lincoln Creek, a tributary of the Roaring Fork River approximately latitude – longitude 39◦ 04’ 48.13” N - 106◦ 36’ 59.35” W. Water released or bypassed by Twin Lakes into Lincoln Gulch or other tributaries of the Roaring Fork River pursuant to Aurora’s call for deliveries and bypasses as contemplated herein (including any such Twin Lakes water subsequently exchanged into Ruedi Reservoir or Ivanhoe Reservoir) shall be accounted toward the volumetric diversion limits applicable to Aurora’s pro rata share of the Twin Lakes’ Independence Pass Transmountain Diversion System. 3. Names and Locations of Points and Structures Defining Exchange Reaches. 3.1. Confluence of the Roaring Fork River and the Fryingpan River. The confluence of the Roaring Fork River and the Fryingpan River is located in Eagle County, Colorado, at a point that lies approximately latitude – longitude 39◦ 21’ 59.57” N - 107◦ 02’ 03.29” W. 3.2. Ruedi Reservoir. Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82°10'W. a distance of 1,285 feet. 3.3. Confluence of the Fryingpan River and Ivanhoe Creek. The confluence of the Fryingpan River and Ivanhoe Creek is located in Pitkin County, Colorado, at a point that lies approximately at latitude – longitude 39◦ 17’ 50.58” N - 106◦ 36’ 14.40” W. 3.4. Ivanhoe Reservoir. Ivanhoe Reservoir is formed by a dam approximately 21 feet high across the natural bed of Ivanhoe Creek, a tributary of the Fryingpan River, and situated within the SE/4 of the SW/4 of Section 12, T9S, R82W, 6th P.M., Pitkin County, Colorado, with its northeasterly end located at or about a point from which the southeast corner of Section 13, T9S, R82W, 6th P.M., bears south 26º45' east, 7,021.3, feet, which point is also described as a point in the SE/4 of the SW/4 of Section 12, T9S, R82W, 6th P.M. that lies 930

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 7 feet from the south line and 2,050 feet from the west line of Section 12, and by a bulkhead dam approximately 10 feet high at the upper end of said reservoir situated in the SE/4 of the NE/4 Section 13, T9S, R82W, 6th P.M., with its southerly end located at or about a point from which the southeast corner of Section 13 bears south 8º11' east, 2,739.2 feet, which point is also described as a point in the SE/4 of the NE/4 of Section 13, T9S, R82W, 6th P.M. that lies 2,680 feet from the south line and 425 feet from the east line of Section 13, and overflows all or portions of the SE/4 of the SW/4 and SW/4 of the SE/4 of Section 12 and the NE/4 of the NW/4 and NE/4 of Section 13, all of T9S, R82W, 6th P.M. (WDID 3803732, UTM X 369871, UTM Y 4348153). 4. Applicant requests the following Appropriative Rights of Exchange. 4.1. From the confluence of the Roaring Fork and Fryingpan Rivers to Ruedi Reservoir. 4.1.1. Rate of Exchange: 31.25 cfs total, conditional. (900 acre feet) 4.2. From Ruedi Reservoir to Ivanhoe Reservoir. 4.2.1. Rate of Exchange: 50.0 cfs total, conditional. (450 acre feet) 5. Initiation of Appropriations. 5.1. The foregoing appropriations were initiated by: 1) the adoption of Aurora City Council Resolution No. R 2019-117; 2) the filing of this Application; and 3) field surveys and the posting of signs at the Exchange-From and Exchange-To Points. 5.1.1. Date of Appropriation: December 19, 2019. 5.2. Date water applied to beneficial use. Not applicable. 6. Source of Substitute Supply. The source of substitute supply for these exchanges will be Aurora’s share of Twin Lakes water delivered at Grizzly Reservoir, located in Pitkin County within Lincoln Gulch upon Lincoln Creek, a tributary of the Roaring Fork River, pursuant to the decrees entered in Garfield County, District Court Case No. CA 3082 and Water Division 5, Case No. W-1901. 7. Proposed Uses. All uses for which the water given as substitute supply is decreed, and which can be made by Aurora, which will include the following: Direct flow and storage for irrigation, domestic, commercial, industrial, municipal and all beneficial uses. No change of use is sought by this Application. 8. Places of Use. The water rights that are the subject of this Application are intended for use in or for the benefit of Aurora’s current and future service areas served by its municipal water supply and water reuse systems and any areas within the South Platte River Basin including areas served by its connections with other systems, and by any current or future water supply contracts or obligations of Aurora. Currently, Aurora is located in Township 3 South, Ranges 64, 65, 66 and 67 West, 6th P.M. in Adams County; Township 4 South, Ranges 64, 65, 66 and 67 West and Township 5 South, Ranges 65, 66 and 67 West, 6th P.M. in Arapahoe County; and Township 6 South, Ranges 65 and 66 West, 6th P.M. in Douglas County. Aurora's service area has changed from time to time and will continue to do so. Aurora may also use the water to meet its replacement or delivery obligations in Water Division 5. As provided in the Settlement Agreement, the water rights that are the subject of this Application are also intended for use in the Roaring River Basin below the confluence of the Roaring Fork River and Maroon Creek for beneficial uses as may be allowed consistent with the uses described in paragraph 7, above, including but not limited to the following purposes: (1) for instream flow purposes in the Roaring Fork River administered by the Colorado Water Conservation Board, pursuant to such agreements with and water court or administrative approvals as are appropriate and necessary to implement such use; (2) for delivery to the Pitkin County Recreational In-channel Diversion water right decreed in Case No. 10CW305, Water Division No. 5; and (3) pursuant to future Water Court approval, other uses including but not limited to use in the current and future augmentation plans of the Basalt Water Conservancy District within its boundaries, as those boundaries may change from time to time or as may be allowed by intergovernmental agreement and for use in any future Colorado River demand management purposes. These Roaring Fork Basin uses will be the subject to prospective further agreement(s) to be made among the West Slope Parties to the Settlement Agreement in regard to their sequence and implementation. 9. Names And Addresses Of Owners Of The Land Upon Which New Diversion Structures Will Be Built, and Upon Which Water Is Or Will Be Stored. To the best of Aurora’s knowledge, the owners of the underlying land on which the structures listed above are located are as set forth below. Pursuant to C.R.S. § 37-92-302(2)(b), Aurora shall supplement this Application with evidence that Aurora has, within fourteen days of filing this Application, given notice of the Application by registered or certified mail, return receipt requested, to the following owners of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored. 9.1. Ruedi Reservoir is located on land owned by the United States Bureau of Reclamation, 11056 W. County Rd 18E, Loveland, CO 80537-9711. 9.2. Ivanhoe Reservoir is owned by Board of Water Works of Pueblo, Colorado, Attn: Alan C. Hamel, Executive Director, 319 West Fourth Street, Pueblo, Colorado 81003. The land on which Ivanhoe Reservoir is located is owned by the United States Forest Service, White River National Forest, 900 Grand Ave. P.O. Box 948, Glenwood Springs, Colorado 81602. 10. Contract Exchange Request. In addition to the river flow exchange requested hereinabove, Aurora also claims the ability to instantaneously exchange a volume of its water already in storage in Ruedi Reservoir for an equal volume of water belonging to Aurora or another owner (having first obtained the permission of said owner) in storage within Ivanhoe Reservoir notwithstanding the rate of stream flow between Ivanhoe and Ruedi Reservoir (“Contract Exchange”). However, Aurora would not operate the said Contract Exchange when the Colorado Water Conservation Board’s instream flow right adjudicated in WD-5, Case No. W-1955 if said instream flow right is calling and not fully satisfied. Aurora shall notify the Division Engineer of the volume of water exchanged by each Contract Exchange. 11. Proposed Terms and Conditions. Aurora proposes the following terms and conditions. 11.1. The water diverted by exchange shall take on all the legal characteristics of the water provided as substitute supply, and the water provided as substitute supply shall take on the legal characteristics of the water that was diverted by exchange. 11.2. Aurora will use appropriate measuring devices and accounting forms as required by the office of the Division Engineer for Water Division 5. Aurora’s release of substitute supplies and diversions by exchange will be balanced on a daily basis. 11.3. Aurora will store water in the facilities identified as Exchange-To Points only when, and to the extent, it possesses a contractual right or property right that allows it to do so. 11.4. Any river flow exchange requested above will not be not be operated unless and until Fryingpan-Arkansas Project diversions from Ivanhoe Creek are being fully met. 11.5. The exchanges claimed herein will be limited and subject to the terms of the Settlement Agreement. 12. Remarks. 12.1. Attached hereto as Exhibit A is a map illustrating the location of the Exchange-From and Exchange-To Points described herein. 12.2. The appropriative rights of exchange for which confirmation is sought herein are necessary to allow Aurora to most efficiently use the water rights that will be used as substitute supply. The reservoirs into which water will be exchanged are used for the storage of

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 8 numerous other water rights owned by Aurora and/or others. These exchange appropriations are one component of Aurora’s extensive unified system for gathering, treatment and distribution of water for the benefit of its citizens or to satisfy its water supply contractual obligations. The use and operation of these exchange appropriations is not only dependent upon Aurora’s system demand and stream exchange potential, but is also affected by the yield of other water rights and exchanges currently operated by Aurora. For the purposes of showing diligence and completion of the claimed rights of exchange, diligence as to any part of Aurora’s water rights system which is used to operate or benefits from the exchange water rights herein requested shall be considered in finding that reasonable diligence has been shown in the development of the appropriative rights herein requested. (Application and attachments are 8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3160 IN THE OR ITS TRIBUTARIES IN SUMMIT COUNTY APPLICATION FOR PLAN FOR AUGMENTATION INCLUDING EXCHANGE. Town of Frisco (c/o Jennifer M. DiLalla, Gregor A. MacGregor, Moses, Wittemyer, Harrison and Woodruff, P.C., 2595 Canyon Boulevard, Suite 300, Boulder, CO 80302) 1. Name, address, and telephone number of Applicant: Town of Frisco (“Town”) c/o Jeff Goble, Public Works Director and Water Superintendent, 102 School Road, PO Box 4100, Frisco, CO 80443, (970) 668-9151 [email protected] 2. Purpose of Application: As part of its approved compensatory wetland mitigation plan for the Frisco Bay Marina “Big Dig” project, the Town is required to reestablish and preserve 0.41 acre of palustrine emergent and scrub-shrub wetland within the “Hawn Drive Site,” which is located as shown on attached Exhibits A and B. The Town has determined that reestablishment and preservation of the wetland will cause ponding of precipitation and surface runoff within the Hawn Drive Site, resulting in depletions caused by evapotranspiration of surface water and by sub-irrigation with ground water. By this Application, the Town seeks approval of a plan for augmentation, including appropriative right of exchange, under which the Town will replace out-of-priority depletions attributable to the Hawn Drive Site wetland mitigation project (“Hawn Drive Wetland Mitigation”), which carries Army Corps of Engineers Permit No. SPK-2010-00673. 3. Augmented structure – Hawn Drive Wetland Mitigation: 3.1 Is structure decreed? No. 3.2 Location: On the Hawn Drive Site between State Highway 9 and Interstate 70 in the NW1/4 SW1/4, Section 26, T5S, R78W of the 6th P.M., at a point 2,025 feet from the south section line and 205 feet from the west section line of said Section 26, in Summit County, Colorado, within the Town’s existing Reserve Open Space. (UTM coordinates for the centroid of the Hawn Drive Site: Easting 405517; Northing 4382409; Zone 13.) The location of the Hawn Drive Wetland Mitigation is shown on attached Exhibit A and Exhibit B. 3.3 Source of water: Ground water, surface water, and precipitation tributary to Meadow Creek, tributary to Dillon Reservoir, tributary to the Blue River, tributary to the Colorado River. 3.4 Amount of depletions: The Hawn Drive Wetland Mitigation will deplete Meadow Creek at the rate of 0.0064 cfs, for a maximum volume of 1.86 acre-feet per year. 3.5 Location of depletions: 3.5.1 Surface water: Depletions attributable to evapotranspiration of surface water will impact Meadow Creek. The uppermost point of impact is located in the NE1/4 SE1/4, Section 27, T5S, R78W, at a point 2,260 feet from the south section line and 35 feet from the east section line of said Section 27 (UTM: Easting 405446; Northing 4382480; Zone 13), as shown on attached Exhibit B. 3.5.2 Ground water: Depletions attributable to sub-irrigation with ground water will impact a cut channel of Meadow Creek in the NW1/4 SW1/4, Section 26, T5S, R78W, at a point 1,970 feet from the south section line and 210 feet from the west section line of said Section 26 (UTM: Easting 405518; Northing 4382393; Zone 13), as shown on attached Exhibit B. If the cut channel of Meadow Creek is determined not to be a natural stream, depletions attributable to sub-irrigation with ground water will impact the main channel of Meadow Creek in the NW1/4 SW1/4, Section 26, T5S, R78W, at a point 2,145 feet from the south section line and 265 feet from the west section line of said Section 26 (UTM: Easting 405536; Northing 4382447; Zone 13), as shown on attached Exhibit B. 4. Water rights to be used for augmentation: 18.8 shares of Class A, Series 1 common stock of the Clinton Ditch and Reservoir Company (“Clinton Shares”). The Clinton Shares represent an interest in the water rights decreed to Clinton Gulch Reservoir, as follows: 4.1 Location: The dam is located in Summit County in the SW1/4, NW1/4, Section 25, T7S, R79W, 6th P.M., at a point 2,358.6 feet from the North line and 1,057.2 feet from the West line of said Section 25. A map of Clinton Gulch Reservoir is attached as Exhibit C. 4.2 Source: Clinton Creek, tributary to Tenmile Creek, tributary to the Blue River, tributary to the Colorado River. 4.3 Original and all relevant subsequent decrees: This Court entered a decree in Case No. W-2559 granting the conditional right to 4,250 acre-feet to be stored Clinton Gulch Reservoir for industrial, domestic, irrigation, recreation, and fish and wildlife propagation purposes. This water right was decreed absolute in Case No. 79CW49. On May 25, 1993, the Court entered a decree in Case No. 92CW65 granting a conditional Use Enlargement and Second Filling for Clinton Gulch Reservoir in the amount of 4,250 acre feet for domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and wildlife propagation, and augmentation purposes, both on the eastern and western slopes of Colorado. On September 17, 1998, the Court entered a decree in Case No. 98CW57 approving the Clinton Gulch Reservoir Use Enlargement and Second Filling for 4,250 acre-feet, absolute, for the uses decreed in Case No. 92CW65. On November 4, 2013, the Court entered a decree in Case No. 06CW252 for the Clinton Gulch Reservoir 1st Enlargement and Refill Right granting an absolute right to an additional 210 acre feet stored in Clinton Gulch Reservoir, together with the right to refill this amount when water is available

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 9 in priority, for domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and wildlife propagation, and augmentation purposes, both on the eastern and western slopes of Colorado for use in the Denver Water Board’s municipal water system and for direct or indirect use in Summit and Grand Counties by the present and future shareholders of Clinton Ditch & Reservoir Company. On June 2, 2019, the Court entered a decree in Case No. 18CW3210 for the Clinton Gulch Reservoir 2nd Enlargement and Refill Right granting a conditional right to an additional 500 acre feet, together with the right to refill this amount when water is available in priority for the uses decreed in Case No. 06CW252. 4.4 Remarks: Clinton Gulch Reservoir is subject to and operated pursuant to the terms of the Clinton Reservoir – Water Agreement dated July 21, 1992, between the Denver Water Board and the Clinton Ditch & Reservoir Company’s original shareholders and other parties in Grand County, as amended by the Colorado River Cooperative Agreement. 5. Statement of plan for augmentation including exchange: 5.1 Amount, time, and location of depletions: The Town’s engineering consultant has determined the amount, time, and location of the impact to the stream from depletions attributable to the Hawn Drive Wetland Mitigation, as shown on Exhibits B and D. The Town will account for the amount and timing of such depletions in its regular monthly accounting. 5.2 Replacement of out-of-priority depletions: When depletions attributable to the Hawn Drive Wetland Mitigation are out of priority, they will be replaced with fully consumable water available to the Town’s Clinton Shares and delivered from Clinton Gulch Reservoir to Tenmile Creek, and from Tenmile Creek into Dillon Reservoir. 5.3 Sufficiency of augmentation supply: The Clinton Shares yield 0.10 acre-foot per share, for a total of 1.88 acre-feet of fully consumable augmentation supply. That supply is sufficient to replace the 1.86 acre-feet per year of depletions attributable to the Hawn Drive Wetland Mitigation, including transit loss to deliver the augmentation supply from Clinton Gulch Reservoir to Dillon Reservoir. 6. Conditional appropriative right of exchange: As shown on Exhibit B, the locations at which the Hawn Drive Wetland Mitigation will impact Meadow Creek are upstream of Dillon Reservoir, which is the location at which the Town will deliver its augmentation supply. Accordingly, the Town claims a conditional appropriative right of exchange for operation of the plan for augmentation, as follows: 6.1 Name of exchange: Hawn Drive Wetland Mitigation Exchange. 6.2 Exchange-from point: Dillon Reservoir, the dam for which is located generally in portions of the NE1/4, Section 13, T5S, R78W, and of the NW1/4, Section 18, T5S, R77W, all of the 6th P.M., as shown on Exhibit A. 6.3 Exchange-to points: 6.3.1 The location described in paragraph 3.5.1 above, which is the upstream-most location at which depletions attributable to the Hawn Drive Wetland Mitigation impact the stream. 6.3.2 The applicable location described in paragraph 3.5.2 above, which is the downstream-most location at which depletions attributable to the Hawn Drive Wetland Mitigation impact the stream. The applicable location will be determined by the Division Engineer based on whether the cut channel of Meadow Creek described in paragraph 3.5.2 above is determined to be a natural stream. 6.4 Source of substitute supply: Water available to the Clinton Shares described in paragraph 4 above. 6.5 Appropriation date: December 23, 2019, the date of filing of the Application. 6.6 Exchange rate and volume: 0.0064 cfs, up to 1.88 acre-feet per year, CONDITIONAL (cumulative, for exchange to both exchange-to points). 7. Owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored: 7.1 Hawn Drive Site: The Town. 7.2 Clinton Gulch Reservoir: Clinton Ditch & Reservoir Company, P.O. Box 68, Breckenridge, CO 80424; and Climax Molybdenum Company, Hwy. 91, Fremont Pass, Climax, CO 80429. WHEREFORE, the Town respectfully requests that the Court enter a decree approving the plan for augmentation described in paragraphs 3-5 above, confirming the conditional appropriative right of exchange described in paragraph 6 above, and determining that operation of the plan for augmentation including exchange will not cause injury to the vested or decreed conditional water rights of others. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3161 GRAND, EAGLE AND GARFIELD COUNTIES. APPLICATION FOR CHANGE OF CONDITIONAL WATER RIGHTS AND AMENDMENT TO PLAN FOR AUGMENTATION. 1. Applicants: Sun River Run Ranch RV, LLC (“Sun”), c/o Jon Colman, 27777 Franklin Road, Suite 200, Southfield, MI 48034, (248) 208-2500, [email protected] and Town of Granby, Colorado (“Granby”), c/o Town Manager, P.O. Box 440, Granby, CO 80446, (970) 887-2501, [email protected]. Sun and Granby shall be referred to as “Applicants.” Direct all pleadings to: Madoline Wallace-Gross, Kara N. Godbehere, Carey S. Smith V; Lyons Gaddis, P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900 and Scotty P. Krob, Nathan Krob, Krob Law Office, LLC, 8400 E. Prentice Avenue Penthouse, Greenwood Village, CO 80111, (303) 694-0099. 2. Description of Application: Applicants are the owners of approximately 1,550 acre property located in Sections 19, 20, 29, 30, and 31, Township 2 North, Range 76 West of the 6th P.M. and Sections 24, 25, and 36 Township 2 North, Range 77 West of the 6th P.M., Grand County Colorado, as more particularly described in Exhibit A (the “Property”). A. Applicants seek to change a portion of junior conditional groundwater rights obtained in Case No. 03CW334, District Court, Water Division 5, entered June 2, 2014 so that, in addition to their current decreed place of use, the groundwater rights may be used within the Granby’s service area for indoor municipal use only. The contemplated draft for the junior conditional water rights included an amount necessary to serve up to 1200 EQRs on the Property. Water used in Granby’s service area

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 10 and on Granby’s portions of the Property will be limited to 231 of the 1200 EQRs. Water used on Sun’s portions of the Property will be limited to 969 of the 1200 EQRs. As a result, the change of place of use will not cause an exceedance of the contemplated draft of the junior underground water rights. B. Applicants will continue to augment Shorefox Well Nos. 2 through 5 pursuant to the existing decree in Case No. 03CW334. Since this application does not request increased diversions from Well Nos. 2 through 5, the diversions and depletions attributable to well pumping are the same as in Case No. 03CW334. Moreover, since wastewater attributable to indoor use on the Property and wastewater attributable to indoor use within Granby’s service area are both treated at the Granby Sanitation District wastewater treatment plant, this application does not change the amount, timing or location of the sewered return flows as decreed in Case No. 03CW334. Applicants seek to amend the existing plan for augmentation to include an additional source of replacement water. The map attached hereto as Exhibit A depicts the locations of the augmentation sources. CHANGE OF JUNIOR CONDITIONAL WATER RIGHTS 3. Background. Shorefox Well Nos. 2 to 5 were decreed in Case No. 03CW334, entered June 2, 2014, District Court, Water Division 5. Shorefox Well Nos. 2 to 5 are decreed to provide a water supply for up to 1,200 equivalent residential units (“EQRs”) for residential and commercial uses on the Property. Each EQR is equal to 350 gallons of in-house demand and sufficient water to irrigate up to 1,000 square feet of lawn and garden. Pursuant to a Water Service Agreement (“Agreement”) with Granby, Sun has the right to utilize 969 of the 1,200 EQRs on Sun’s parcels on the Property. Sun’s 969 EQRs will be used in conformance with the limitations in the decree in Case No. 03CW334. Granby retained the right to utilize 231 EQRs of the 1,200 EQRs in the Agreement. Granby seeks to use its EQRs: i) on Granby’s parcels on the Property in conformance with the limitations in the decree in Case No. 03CW334; and within Granby’s existing municipal service area boundaries for in-door use residential use only. A map of Granby’s service area boundaries is attached hereto as Exhibit B. 4. Water Rights for Which Change is Sought. A. Shorefox Well No. 2. i. Legal description of point of diversion: in the NE ¼ SW ¼ of Section 30, Township 2 North, Range 76 West of the 6th P.M., at a point which is 1,690 feet from the west section line and 1,790 feet from the south section line of said Section 30, as depicted on Exhibit A, attached hereto. ii. Decreed source of water: Colorado River alluvium. iii. Appropriation date: August 11, 2003. iv. Total amount decreed to structure: 2.0 cfs conditional. The total combined rate of diversions from Shorefox Well Nos. 2 through 5 shall not exceed 2.0 cfs. The total annual out-of-priority diversions from Shorefox Wells 2 through 5 shall not exceed 519.6 acre feet per year. v. Decreed Uses: Domestic, commercial, municipal, irrigation and fire protection uses associated with Applicants’ proposed residential and commercial development. The irrigation use shall be on up to 27.55 acres of land within specified areas of the Property. B. Shorefox Well No. 3. i. Legal description of point of diversion: in the NW ¼ SW ¼ of Section 30, Township 2 North, Range 76 West of the 6th P.M., at a point which is 450 feet from the west section line and 1,450 feet from the south section line of said Section 30, as depicted Exhibit A, attached hereto. ii. Decreed source of water: Colorado River Alluvium. iii. Appropriation date: August 11, 2003. iv. Total amount decreed to structure: 2.0 cfs, conditional. The total combined rate of diversions from Shorefox Well Nos. 2 through 5 shall not exceed 2.0 cfs. The total annual out-of-priority diversions from Shorefox Wells 2 through 5 shall not exceed 519.6 acre feet per year. v. Decreed Uses: Domestic, commercial, municipal, irrigation and fire protection uses associated with Applicants’ proposed residential and commercial development. The irrigation use shall be on up to 27.55 acres of land within specified areas of the Property. C. Shorefox Well No. 4. i. Legal description of point of diversion. in the NE ¼ SW ¼ of Section 30, Township 2 North, Range 76 West of the 6th P.M., at a point which is 1,589 feet from the west section line and 1,350 feet from the south section line of said Section 30, as depicted on Exhibit A attached hereto. ii. Decreed source of water: Alluvium. iii. Appropriation date: August 11, 2003. iv. Total amount decreed to structure: 2.0 cfs conditional. The total combined rate of diversions from Shorefox Well Nos. 2 through 5 shall not exceed 2.0 cfs. The total annual out-of-priority diversions from Shorefox Wells 2 through 5 shall not exceed 519.6 acre feet per year. v. Decreed Uses: Domestic, commercial, municipal, irrigation and fire protection uses associated with Applicants’ proposed residential and commercial development. The irrigation use shall be on up to 27.55 acres of land within specified areas of the Property. D. Shorefox Well No. 5. i. Legal description of point of diversion: in the NW ¼ SW ¼ of Section 30, Township 2 North, Range 76 West of the 6th P.M., at a point which is 2,170 feet from the west section line and 1,540 feet from the south section line of said Section 30, as depicted on Exhibit A, attached hereto. ii. Decreed source of water: Colorado River Alluvium iii. Appropriation date: August 11, 2003. iv. Total amount decreed to structure: 2.0 cfs conditional. The total combined rate of diversions from Shorefox Well Nos. 2 through 5 shall not exceed 2.0 cfs. The total annual out-of priority diversions from Shorefox Wells 2 through 5 shall not exceed 519.6 acre feet per year. v. Decreed Uses: Domestic, commercial, municipal, irrigation and fire protection uses associated with Applicants’ proposed residential and commercial development. The irrigation use shall be on up to 27.55 acres of land within specified areas of the Property. 5. Proposed Changes of Water Rights. Granby seeks to change its 231 EQRs of the 1,200 EQRs in the following manner. A. Change of Place of Use. In addition to the decreed place on the Property, Granby seeks to use water diverted from Shorefox Well Nos. 2 through 5 within Granby’s municipal service area boundaries, as such may change from time to time, and which is currently depicted in Exhibit B. Granby’s current service area boundaries are located in: Sections 24, 25 and 36 of Township 2 North, Range 77 West; Sections 19, 20, 30, 31, 32 and 33 of Township 2 North, Range 76 West; and Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 20, 21, 22, 28, 29, 32 and 33, Township 1 North, Range 76 West; all of 6th PM in Grand County, Colorado. B. Limitation on Type of Use. When water diverted from Shorefox Well Nos. 2 through 5 is utilized within Granby’s municipal service area boundaries, it shall only be used for in-door municipal use. C. Amount of Water Rights Changed: 0.385 cfs of the 2.0 cfs combined rate of diversions from Shorefox Well Nos. 2 through 5. D. Remarks: The contemplated draft for the junior conditional water rights included an amount necessary to serve up to 1200 EQRs on the Property. Water used in Granby’s service area and on Granby’s portions of the Property will be limited to 231 of the 1200 EQRs. Water used on Sun’s portions of the Property will be limited to 969 of the 1200 EQRs. As a result, the change of place of use will not cause an exceedance of the contemplated draft of the junior underground water rights. APPLICATION FOR APPROVAL OF AMENDMENT TO PLAN FOR AUGMENTATION 6. Background. Applicants will continue to augment Shorefox Well Nos. 2 through 5 pursuant to the existing decree in Case No. 03CW334. Since this application does not request increased diversions from Well

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 11

Nos. 2 through 5, the diversions and depletions attributable to well pumping are the same as in Case No. 03CW334. Moreover, since wastewater attributable to indoor use on the Property and wastewater attributable to indoor use within Granby’s service area are both treated at the Granby Sanitation District wastewater treatment plant, this application will not change the amount, timing or location of the sewered return flows from Case No. 03CW334. By this application, Applicants seek to add an additional augmentation source to the plan for augmentation in Case No. 03CW334. The plan for augmentation will otherwise operate in conformance with the limitations in the decree in Case No. 03CW334. 7. Decreed Augmented Structures Pursuant to Case No. 03CW334. Shorefox Well Nos. 2 through 5, described in paragraph 4. 8. Decreed Augmentation Sources Pursuant to Case No. 03CW334. The augmentation sources are depicted on the map attached hereto as Exhibit A. A. Water diverted in priority and stored in the following structures to be located on the Property: i. Shorefox Augmentation Pond No. 1 decreed in Case No. 06CW257, District Court, Water Division 5. Legal Description: SW ¼ SE ¼ of Section 19, Township 2 North, Range 76 West of the 6th P.M., 540 feet north of the south section line and 1,720 feet west of the east section line. ii. Shorefox Augmentation Pond No. 2 decreed in Case No. 06CW257, District Court, Water Division 5. Legal Description: SE ¼ SE ¼ of Section 19, Township 2 North, Range 76 West of the 6th P.M., 340 feet north of the south section line and 1,270 feet west of the east section line. iii. North Shorefox Pond adjudicated in Case No. 03CW336, District Court, Water Division 5. Legal Description: NE ¼ NW ¼, Section 30 Township 2 North, Range 76 West, 6th P.M., Grand County, Colorado. iv. South Shorefox Pond adjudicated in Case No. 03CW336, District Court, Water Division 5. Legal Description: SW ¼ SE ¼, Section 25, Township 2 North, Range 77 West, 6th P.M., Grand County, Colorado. B. Consumptive use credits as described in Case No. 03CW336, District Court, Water Division No. 5, entered June 2, 2014. The following table summarizes the quantified historical consumptive use for each ditch. Ditch Name Appropriation Source Decreed Granby’s Date Flow Rate Ownership Peterson No. 1 Ditch May 15, 1885 Fraser 6.9 cfs 5.15 cfs River Griffith Ditch August 31, Fraser 9.75 cfs 9.75 cfs 1883 River Selak-Larabee Ditch May 15, 1888 Colorado 7.75 cfs 3.875 cfs River Selak-Larabee Ditch, May 15, 1888 Colorado 7.75 cfs 3.5 cfs Enlargement River i. Decreed point of diversion for Peterson No. 1 Ditch: Right bank of the Fraser River at a point whence the SE corner, Sec. 31, Township 2 N, Range 76 W of the 6th P.M. bears N 63º 45’W 1,519 feet. ii. Decreed point of diversion for Griffith Ditch: Right bank of Fraser River at a point whence the South Quarter Corner, Section 31, Township 2 North, Range 76 West of the 6th P.M. Bears North 77º 10’ West, 413 feet. iii. Decreed point of diversion for Selak-Larabee Ditch: See ¶ 10.D. iv. Original Decree for all Ditches except Selak- Larabee Ditch Enlargement: Case No. 183, District Court, Grand County, State of Colorado, entered August 3, 1911. v. Original decree for Selak-Larabee Ditch Enlargement: CA. 795, District Court, Grand County, State of Colorado, entered October 1, 1943. vi. The following table summarizes the quantified historical consumptive use for each ditch in Case No. 03CW336. Month Consumptive Griffith 94 Peterson No. 1 Selak-Larabee Consumptive Use (af/acre) acres 128 acres 126 acres Use (AF) May 0.12 11.28 15.36 15.12 41.76 June 0.24 22.56 30.72 30.24 83.52 July 0.31 29.14 39.68 39.06 107.88 Annual 0.67 62.98 85.76 84.42 233.16 C. Water released from Wolford Mountain Reservoir and/or Reudi Reservoir owned by the Colorado River Water Projects Enterprise (“CRWCD”) as described in Case No. 03CW344. 9. Additional Augmentation Source Pursuant To The Application In This Case. Releases from Granby Reservoir: Granby has the right to use water stored in Granby Reservoir pursuant to a water allotment contract for 200 acre-feet per year with Middle Park Water Conservancy District. This water is a portion of the 3,000 acre-feet which the Municipal Subdistrict, Northern Colorado Water Conservancy District has agreed to annually place in storage in Granby Reservoir. The legal description of the place of storage is: NW ¼ NW ¼ Section 18, Township 8 South, Range 84 West of the 6th P.M. Additional provisions of this agreement are outlined in the Agreement Concerning the Windy Gap Project and the Azure Reservoir and Power Project, dated and signed April 30, 1980 and approved by Water Court, Water Division No. 5, Civil Action 1768, by Interlocutory Decree dated October 27, 1980, and Supplement to Agreement of April 30, 1980, dated March 29, 1985, and duly decreed in Case No. 85CW135, and further described in the Windy Gap Firming Project Intergovernmental Agreement dated January 2, 2013. 10. Owners of structures involved in this application: A. Co-Applicant Granby owns the land on which South Shorefox Pond, Shorefox Augmentation Pond No. 1, Shorefox Augmentation Pond No. 2 and the headgate of the Peterson No. 1 Ditch are located. B. Co- Applicant Sun owns the land on which Shorefox Well Nos. 2 to 5 and North Shorefox Pond are located. C. The Alice Marie Nordloh Family, whose address is P.O. Box 194, Granby, CO 80446-0194 owns the land on which the headgate of the Griffith Ditch is located. D. Dines Family Holdings, LLLC whose address is c/o Katherine Dines, 2595 E. Cedar Ave., Denver, CO 80209, owns the land on which land on which the headgate of the Selak-Larabee Ditch is located. E. The United States of America owns the land on which Granby Reservoir and Ruedi Reservoir is located. Notice will be sent to Shadow Mountain National Recreation Area, USDA Forest Service, 1400 Independence Ave SW, Washington DC 20250; Arapaho National Forest, 2150 Centre Ave. Bldg E, Fort Collins, CO

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 12

80526-8119; US Forest Service, Rocky Mountain Regional Office, 1617 Cole Blvd. #17, Lakewood, CO 80401; and White River National Forest, Supervisor’s Office, 900 Grand Ave., Glenwood Spring, CO 81601-3602. F. Colorado River Water Conservation District, whose address is PO Box 1120, Glenwood Springs, 81602-1120, owns the land on which Wolford Mountain Reservoir is located. WHEREFORE, Applicants respectfully request that this Court: A) approve Applicants’ change of water rights for the Shorefox Well Nos. 2 to 5; and B) approve Applicants’ addition of a source to the plan for augmentation in Case No. 03CW334. DATED:______EXHIBIT LIST A. Map of Property, Wells and Augmentation Sources B. Map of Granby’s Service Area YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3162 EAGLE COUNTY, EBY CREEK, THE EAGLE AND COLORADO RIVERS, Greenhorn Mountain Ranch, LLC, PO Box 2664, Edwards, CO 81632 c/o Karl J. Hanlon, KARP NEU HANLON, P.C., 201 14th Street, Suite 200, P.O. Drawer 2030, Glenwood Springs, CO 81602. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Original decree: September 7, 1999, in Case No. 98CW66, in the District Court in and for Division No. 5. Subsequent decrees: Case Nos. 05CW17 and 13CW36. Appropriation date: April 1, 1996. First Claim: Marley Spring. Location: The Marley Spring water right is diverted at the site of the spring, which is located in Section 20, Township 4 South, Range 84 West of the 6th P.M. according to the Independent Resurvey of said Township and Range as approved on June 20, 1922; said spring being more particularly described as lying at a point that is 215 feet north of the southerly line of Section 20 and 1585 feet east of the westerly line of Section 20. Amount and Uses: 0.13 c.f.s., absolute, for stock watering and fire protection originally decreed in Case No. 98CW66; 0.13 c.f.s., conditional, for irrigation of 5.2 acres of land and piscatorial purposes. Acreage to be irrigated: Up to 5.2 acres of Applicant’s property (identified in Exhibits A and B in Case No. 98CW066). Landowner: Applicant. Second Claim: Osito Spring. Location: The Osito Spring water right is diverted at the site of the spring, which is located in Tract 47, Section 20, Township 4 South, Range 84 West of the 6th P.M. according to the Independent Resurvey of said Township and Range as approved on June 20, 1922; said spring being more particularly described as lying at a point that is 45 feet north of the southerly line of Section 20 and 2550 feet east of the westerly line of Section 20. Amount and uses: 0.02 c.f.s. absolute, for stock watering and fire protection originally decreed in Case No. 98CW66; 0.02 c.f.s., conditional, for irrigation of 0.8 acre of land and piscatorial purposes. Acreage to be irrigated: Up to 0.8 acres of Applicant’s property (identified in Exhibits A and B in Case No. 98CW066). Landowner: Applicant. Diligence activities: The Application contains a detailed outline of what has been done by Applicant during the diligence period toward or for completion of the appropriation and application of the conditional water rights to beneficial use as decreed, including expenditures. (7 pp. with exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3163 (13CW22, 06CW100, 99CW168) VAIL ASSOCIATES, INC. (“Vail”), c/o Annie Kao, 390 Interlocken Crescent, Suite 100, Broomfield, Colorado 80021. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART, in EAGLE COUNTY. Please send all pleadings and correspondence to P. Fritz Holleman and Bradley N. Kershaw, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder Colorado, 80302. 2. Description of water rights from previous decree: A. Name of Structure: Vail-Jouflas Eagle River Diversion 1st Enlargement. B. Original Decree: By the District Court in and for Water Division No. 5, Case No. 99CW168, entered on May 25, 2000. C. Subsequent Decrees Awarding Findings of Diligence: A decree finding reasonable diligence and making a portion of the conditional water right absolute was entered in Case No. 06CW100, District Court, Water Division No. 5, on January 29, 2007, and a decree finding reasonable diligence was entered in Case No. 13CW22, District Court, Water Division No. 5, on December 15, 2013. D. Legal Description: The headgate is located in the NW 1/4 SE 1/4 of Section 15, Township 4 South, Range 83 West, of the 6th P.M., at a point whence the SE corner of said Section 15 bears South 47°27’32” East a distance of 2301.7 feet, as depicted on FIGURE 1 attached to the application. E. Source: Eagle River, tributary to the Colorado River. F. Amount: 2.0 cfs, 0.84 cfs of which was made absolute in Case No. 06CW100, leaving 1.16 cfs conditional. G. Appropriation Date: February 1, 1999. H. Use: Domestic, irrigation, recreation and commercial. 3. Detailed outline of work

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 13 performed to complete application of water to beneficial use: The subject water right is part of an integrated water supply system used by Vail to provide water service to the Red Sky Ranch development. Red Sky Ranch is a 780 acre residential and golf course development, which includes homes, two golf courses, open space and other recreational amenities. The subject water right is necessary to meet the water demands at Red Sky Ranch within the development area. Vail has engaged in numerous activities during the relevant diligence period that demonstrate diligence toward the application of the water right to the decreed beneficial uses, and has incurred significant expense in investigations and capital improvements related to its water supply facilities in order to provide a dependable legal and physical supply of water for the Red Sky Ranch development. All such expenditures are necessary steps in the development of Vail’s Red Sky Ranch integrated system and the subject water right in particular. Vail’s efforts toward development of the subject conditional water right during the diligence period include, but are not limited to, the following: A. Vail has incurred significant expense in the further planning, development, and construction of residential and golf course improvements at Red Sky Ranch. The subject water right continues to be used to supply raw water for irrigation at Red Sky Ranch, including golf course irrigation. Vail has performed regular maintenance of the subject diversion intake structure at an expense of over $30,000, including cleanout efforts and ice prevention system maintenance and upgrades. Additionally, Vail spent over $89,000 on maintenance and repairs of the pumping and delivery system associated with the subject structure. B. Since the last diligence application was filed, eleven (11) new homes have been constructed in the Red Sky Ranch residential development. The subject water right continues to be used to supply raw water to the water treatment plant at Red Sky Ranch for subsequent treatment and domestic use. The water treatment plant at Red Sky Ranch has been continuously maintained and repaired with funds provided by the Holland Creek Metropolitan District, at an expense of over $523,000. C. Vail has operated the augmentation plans for the Red Sky Ranch development decreed in Case Nos. 97CW298, 99CW168, and 03CW42. D. Vail has adjudicated several other applications for water rights in Water Division No. 5 for the Red Sky Ranch development that are part of the integrated water supply system for the development, including decrees in Case Nos. 12CW151, 15CW3109, 17CW3036, and 18CW3157. E. Vail has regularly monitored the filings of other water users, and has incurred legal and engineering costs in connection with numerous cases to protect its water rights. F. Vail continues to rely upon the subject water right and has no intention to abandon same. Vail has a continuing need for the remaining conditional portion of the subject water right as development of Red Sky Ranch continues. 4. Claim to make absolute in part: A. Date water first applied to beneficial use: On July 3, 2019, 0.91 cfs was diverted by the subject water right, which is 0.07 cfs more than the amount currently decreed absolute. B. Amount: Vail seeks to make an additional 0.07 cfs absolute, for a total absolute amount of 0.91 cfs, leaving 1.09 cfs, conditional. C. Uses: All decreed uses. D. Description of place of use where water is applied to a beneficial use: Red Sky Ranch development and Red Sky Ranch golf courses. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Not applicable. No new or modified diversion or storage structures will be constructed. WHEREFORE, Vail requests that the Court issue a final decree (i) finding that the Vail has been reasonably diligent with respect to the remaining conditional portion of the subject water right; (ii) continuing the conditional portion of the subject water right; (iii) finding that the subject water right has been made absolute in the additional amount of 0.07 cfs, for a total absolute amount of 0.91 cfs, leaving 1.09 cfs conditional; and (iv) granting such other and further relief as may be appropriate. (5 Pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3164 GUNNISON COUNTY, CRYSTAL, ROARING FORK AND COLORADO RIVERS. Application for Findings of Reasonable Diligence and to Make Absolute. Larry Darien and Full Sea Equities, LLC, c/o Jeff Houpt & Ryan Jarvis of Beattie, Houpt & Jarvis, LLP, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. For all structures: Original decrees entered in 98CW133 and 98CW245; subsequent decrees entered in 05CW217, 05CW218, 13CW3010, and all structures operate pursuant to the plans for augmentation decreed in 98CW133 and 98CW245. Source: Groundwater trib to the Crystal, Roaring Fork, and Colo Rivers. For Ute Meadows Well Nos. 1, 2, 3, and 5: Appropriation date: 12/31/98. Amounts: 15 gpm (0.033 cfs), conditional, with a max annual diversion of 0.336 af, each well. Uses: In-house domestic uses only. Depth: Approx 75 ft. Darien Well No. 1: Well Permit No. 056887-F. Location: In the SE¼NE¼ of Sec 20, T 11 S, R 88 W 6th PM, at a point which is 2,500 ft S of N sec line and 760 ft W of E sec line of said Sec 20. Appropriation date: 03/25/98. Amounts and uses: 45 gpm, total; 15 gpm, absolute, and 30 gpm, conditional for commercial and domestic uses. Depth: Approx 70 ft. Ute Meadows Well No. 1: Well Permit No. 77224-F. Location: At a point in the SW¼ SW¼ SE¼ of Sec 21, T 11 S, R 88 W 6th PM, which is 1,800 ft W of E sec line and 100 ft N of S sec line of said Sec 21. 15 gpm applied to domestic use on 07/02/16. Place of use: Lot 3, Darien River Subdivision. Ute Meadows Well No. 2: Location: At a point in the SW¼ SW¼ SE¼ of Sec 21, T 11 S, R 88 W 6th PM, which is 2,000 ft W of E sec line and 200 ft N of S sec line of said Sec 21. Ute Meadows Well No. 3: Location: At a point in the SW¼ SW¼ SE¼ of Sec 21, T 11 S, R 88 W 6th PM, which is 2,300 ft W of E sec line and 300 ft N of S sec line of said Sec 21. Ute Meadows Well No. 5: Location: At a point in the NW¼ SE¼ SW¼ of Sec 21, T 11 S, R 88 W 6th PM, which is

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 14

3,500 ft W of E sec line and 1,150 ft N of S sec line of said Sec 21. The Application on file with the court includes a list of activities demonstrating diligence. Owners of land: Applicants and John D. Vaught and Kay E. Norton, PO Box 1903, Hot Springs National Park, AR, 71902. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3165 MESA COUNTY - TAILRACE OF THE REDLANDS WATER AND POWER COMPANY POWER CANAL, TRIBUTARY TO THE COLORADO RIVER. Name, address and telephone number of Applicant: Redlands Water and Power Company, 2216 South Broadway, Grand Junction, CO 81507, (970) 243-2174. Name of attorney, address and telephone number: Frederick G. Aldrich, Esq., Aldrich Law Firm, LLC, 601A 28 1/4 Road, Grand Junction, Colorado 81506, (970) 245-7950. Name of structures: Redlands Water and Power Pumping Station. Type of application: Application for Conditional Water Right (Surface) Location: The point of diversion is located in the NE¼ of the SE¼, Section 16, Township 1 South, Range 1 West of the Ute Meridian, UTM coordinates: Easting 189,135.40 Northing 4,330,428.79 Zone 13; 1,715 feet from the South Section line and 990 feet from the East Section line of said Section16. Type of Use: Irrigation of approximately 1,724 acres within the Applicant’s service area. Appropriation Date: December 30, 2019. Type of Structure: Pumping Station to Applicant’s system of irrigation canals. Quantity: 70.0 c.f.s. conditional for irrigation. Additional information: Applicant seeks to establish a new conditional water right for pumping from the Tailrace of the Redlands Water and Power Company Power Canal, tributary to the Colorado River, to deliver irrigation water to its shareholders within its service area for use in connection with the renovation of its pumping facilities. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3166 EAGLE COUNTY, EAGLE AND COLORADO RIVERS. Application for Findings of Reasonable Diligence. Vail Valley Investments, LLC, c/o Jeff Houpt & Ryan Jarvis of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-945-8659. For all structures: Original decree entered 12/15/13 in 06CW15, with approval to operate pursuant to the plan for augmentation. Appropriation date: 12/30/05. Location of irrigated areas: Ten acres within Applicant’s property, which is located in Sec 4, T 5 S, R 86 W 6th PM. The areas may also be irrigated with water diverted under the water rights for VVRVR Wellfield and VVRVR Pump & Pipeline (described herein), provided that a total of no more than ten acres will be irrigated under the combination of water rights. VVRVR Wellfield, located within Applicant’s property in the E½ of the SW¼ and the NW¼ of the SE¼, Sec 4, T 5 S, R 86 W 6th PM, being that portion of Applicant’s property located between the N bank of the Eagle River and 800 ft N of the Eagle River. Source: Groundwater trib to Eagle River, trib to the Colo River. Amount: 0.5 cfs, conditional. Uses: Domestic, commercial, recreation, irrigation, and fire protection. Depth: Approx 150 ft. VVRVR Pump & Pipeline: Location: On the N bank of the Eagle River in the NE¼ of the SW¼, Sec 4, T 5 S, R 86 W 6th PM, 2,500 ft from the W sec line and 1,650 ft from S sec line and said Sec 4. Source: Eagle River, trib to the Colo River. Amount: 0.5 cfs, conditional. Uses: Irrigation and fire protection. VVRVR Wolford Exchange: Downstream terminus: Confluence of Eagle and Colo Rivers, which is located in the SW¼ NE¼ of Sec 5, T 5 S, R 86 W 6th PM, at a point approx 2,400 ft from N sec line and 1,900 ft from E sec line. Upstream termini: Points of diversion of VVRVR Wellfield and VVRVR Pump & Pipeline. Max rate of exchange: 0.25 cfs, conditional, limited to 22 af annually. VVRVR Ruedi Exchange: Downstream terminus: Confluence of Roaring Fork River and the Colo River which is located in the SE¼ NW¼ of Sec 9, T 6 S, R 89 W 6th PM, at a point approx 2,200 ft from the N sec line and 2,350 ft from the W sec line. Upstream termini: Points of diversion of VVRVR Wellfield and VVRVR Pump & Pipeline. Max rate of exchange: 0.25 cfs, conditional, limited to 22 af annually. The Application on file with the court includes a list of activities demonstrating diligence. Owner of land: Applicant. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 15 attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3167 EAGLE COUNTY. GROUNDWATER AND LOCAL RUNOFF TRIBUTARY TO BLUE CREEK, TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Alex and Laura Foster Kim, c/o Robert M. Noone, Esq., The Noone Law Firm, P.C., P.O. Drawer 39, Glenwood Springs, CO 81602. (970) 945-4500. Application for Finding of Reasonable Diligence and to Make Absolute, In Part. First Claim: For finding of reasonable diligence and to make absolute, in part: Dragonfly Well. Original Decree: March 19, 2007. Case No. 2005CW114, Water Court, Division No. 5. Subsequent Decrees Awarding Findings of Diligence: 13CW39. The Dragonfly Well is located in the SW¼SE¼, Sec. 27, T. 7 S., R. 87 W., 6th P.M., 800 feet from the South line and 2000 feet from the East line of said Sec. 27. A location map is on file with the Court. Source: Groundwater tributary to Blue Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation Date: June 30, 2005. Amount: 15 gpm, conditional. Uses: In-house domestic use for four (4) single-family homes, four (4) accessory dwelling units (ADUs), a barn, a commercial kitchen, irrigation of up to 20,000 square feet for lawn and garden (to be taken from the Well or the Pond), pond evaporation replacement, and fire protection. Depth of Well: 300 feet. Second Claim: for finding of reasonable diligence and to make absolute, in part: Laura’s Pond. Original Decree: March 19, 2007. Case No. 2005CW114, Water Court, Division No. 5. Subsequent Decrees Awarding Findings of Diligence: 13CW39. Laura’s Pond is located in the SW¼, SE¼ of Section 27, Township 7 South, Range 87 West, of the 6th P.M. in Eagle County a distance of 550 feet North of the South line and 2010 feet West of the East line. A map is on file with the Court. Source: Tributary local runoff and the Dragonfly Well, which diverts from groundwater tributary to Blue Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation Date: July 5, 2005. Use: In-house domestic use for four (4) single-family homes, four (4) accessory dwelling units (ADUs), a barn, a commercial kitchen, irrigation of up to 20,000 square feet for lawn and garden (to be taken from the Well or the Pond), pond evaporation replacement, and fire protection. Amount: 2.3 acre feet, conditional. A detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, is on file with the Court. The Dragonfly Well and Laura’s Pond are components of an integrated water supply project involving both of the water rights described in this application and decreed in Case No. 05CW114 (5 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3168 (13CW29) (03CW331) APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE. IN ROUTT, GRAND, EAGLE, AND PITKIN COUNTIES, COLORADO. 1. Name and address of Applicant: Table Rock Properties, LLC (“Table Rock”), c/o Ron Wilson, 1100 Louisiana, Suite 320, Houston, TX 77002-5299, (713) 659-1221. Copies of all pleadings to: Charles B. White, No. 9241, Thomas W. Korver, No. 36924, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, Phone: (303) 825-1980. 2. Description of the Conditional Water Rights: This Application seeks a finding of reasonable diligence for the period from December, 2013 to the present (“Diligence Period”) relating to the conditional water rights (“Conditional Water Rights”) that are described in Paragraph 2.B below and a decree making one of the Conditional Water Rights absolute. The Conditional Water Rights are part of an integrated system that together comprise the Fish Habitat Project within the Table Rock Ranch on Rock Creek. The Fish Habitat Project water rights and features include the Oxbow Fishery Channel (a restored historic channel of Rock Creek), TRR Cameron Pond, TRR Lower Recreation Pond, TRR Upper Recreation Pond, and TRR Meadow Pond, together with associated open channels, fill ditches, and return structures to Rock Creek. A map depicting the Conditional Water Rights is attached to the application as Exhibit A and incorporated herein by this reference and is available for inspection at the office of the Division 5 Water Court or via Colorado Courts E-filing. A. Date of Original Decree: March 5, 2007, Case No. 03CW331, District Court, Water Division No. 5. Subsequent decrees awarding findings of diligence: December 8, 2013, Case No. 13CW29. B. Structures: (1) TRR Cameron Pond. a. Legal Description: TRR Cameron Pond is located in the NE1/4 of the NE1/4 of Section 30, Township 1 South, Range 83 West of the 6th P.M., at a point approximately 760 feet from the North Section line and approximately 960 feet from the East Section line. (i) This reservoir is off-channel and filled by Horn No. 2 Ditch and Horn No. 2 Ditch Enlargement, which is located on the right bank of Rock Creek in the NE1/4 of the NE1/4 of Section 30, Township 1 South, Range 83 West of the 6th P.M., at a point approximately 450 feet from the North Section line and approximately 470 feet from the East Section

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 16 line. (ii) TRR Cameron Pond is part of a flow through fish habitat system and is part of the Fish Habitat Project. The point of return to Rock Creek is in the NE1/4 of the NE1/4 of Section 30, Township 1 South, Range 83 West of the 6th P.M. at a point approximately 960 feet from the North Section line and approximately 760 feet from the East Section line. b. Source: Surface and groundwater tributary to Rock Creek, tributary to the Colorado River. c. Appropriation Date: May 15, 1998. d. Amount: (i)14.32 acre-feet, of which 6.81 acre-feet is absolute and 7.51 acre-feet is conditional. (ii) The rate of diversion in c.f.s. for filling the reservoir: 5.0 c.f.s., absolute, through the Horn No. 2 Ditch and Horn No. 2 Ditch Enlargement. (iii) The groundwater component of this appropriation is limited to the amount of evaporative loss, which is 3.62 acre-feet per year, absolute. e. Use: Augmentation, exchange, recreation, piscatorial, wildlife watering, and fire protection. f. Surface area of high water line: 1.11 acres. (i) Height of dam: Approximately 6 feet. (ii) Length of dam: Approximately 300 feet. h. Total capacity of reservoir in acre-feet: 6.81 acre-feet absolute, 7.51 acre-feet conditional. All the 6.81 acre-feet is above the water table and is active storage. All the 7.51 acre-feet (when constructed) will be below the water table and will be inactive storage. Water released for augmentation and exchange purposes will be limited to the volume in active storage above the water table. (2) TRR Meadow Pond. a. Legal Description: TRR Meadow Pond is located in the NW1/4 of the SW1/4 of Section 32, Township 1 South, Range 83 West of the 6th P.M., at a point approximately 2,460 feet from the South Section line and approximately 200 feet from the West Section line. (i) The Pond is an off-channel reservoir and filled by the TRR Recreation Ditch, Frank Groh Ditch, and/or Frank Groh Ditch 2nd Enlargement. The TRR Meadow Pond will also be filled and maintained (in part) by seeps and springs which are intercepted by the Frank Groh Ditch. Per the decree in Case No. 91CW250, the headgate of the Frank Groh Ditch is located in Routt County, Colorado on the East (left) bank of Rock Creek, at a point from which the NE corner of Section 31, Township 1 South, Range 83 West, of the 6th P.M., bears N. 68º 14’ 50” E. 545.58 feet. The legal description for the TRR Recreation Ditch is described in Paragraph 2.B.(3)a. below. (ii) TRR Meadow Pond is part of a flow-through fish habitat system, and is part of the Fish Habitat Project. The point of return to Rock Creek is located in the NW1/4 of the SW1/4 of Section 32, Township 1 South, Range 83 West of the 6th P.M., at a point approximately 2,000 feet from the South Section line and approximately 180 feet from the West Section line. b. Source: Surface and groundwater tributary to Rock Creek, tributary to the Colorado River. c. Appropriation Date: July 24, 2002. d. Amount: (i) 21.40 acre-feet, conditional. (ii) The rate of diversion in c.f.s. for filling the reservoir: 5.0 c.f.s. through the TRR Recreational Ditch and/or Frank Groh Ditch 2nd Enlargement. (iii) The groundwater component of this appropriation is limited to the evaporative loss, which is 6.94 acre-feet per year, conditional. e. Use: Augmentation, exchange, recreation, piscatorial, wildlife watering, and fire protection. f. Surface Area of High Water Line: 2.0 acres. (i) Height of dam: Approximately 9.9 feet. (ii) Length of dam: Approximately 500 feet. g. Total capacity of reservoir in acre-feet: 21.4 acre-feet, all active capacity (above the water table). Water released for augmentation and exchange purposes will be limited to the volume in active storage above the water table. (3) TRR Recreation Ditch. a. Legal Description: from the left bank of Rock Creek in the SE1/4 of the SE1/4 of Section 30, Township 1 South, Range 83 West of the 6th P.M., at a point approximately 530 feet from the South Section line and approximately 950 feet from the East Section line. b. Source: Rock Creek, a tributary to the Colorado River. c. Appropriation Date: May 15, 1988. d. Amount: 1.6 c.f.s. absolute and 3.4 c.f.s., conditional. e. Use: To fill and refill continuously the TRR Lower Recreation Pond, TRR Upper Recreation Pond and TRR Meadow Pond to maintain full pond levels, and for recreation, piscatorial, fire protection, and wildlife watering purposes. 3. Evidence of Reasonable Diligence: As set forth in paragraph 43 of the decree in Case No. 03CW331, all of the water diversion and storage structures described in that decree, including the Conditional Water Rights, are integrated structures for purposes of reasonable diligence findings. The application contains a summary of specific projects and work undertaken during the Diligence Period in developing the Conditional Water Rights and is available for inspection at the office of the Division 5 Water Court or via Colorado Courts E-filing. The list is not intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter. 4. Can and will. The Conditional Water Rights can and will be diverted, stored, or otherwise captured, possessed, and controlled, and will be beneficially used, with diligence in a reasonable time. C.R.S. § 37-92-305(9)(b). 5. Claim to Make Conditional Water Right Absolute. From July 17 to August 22 and August 28 to September 1, 2019, Table Rock diverted in priority and applied to beneficial use for all of the decreed purposes the full decreed amount of 5.0 c.f.s. of the TRR Recreation Ditch. Table Rock’s record of such diversion is attached hereto as Exhibit B and incorporated herein by this reference. 6. Names, and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. WHEREFORE, Table Rock respectfully requests that this Court enter Findings of Fact, Conclusions of Law, and a Judgment and Decree: (1) finding that Table Rock has been reasonably diligent in the development of the Conditional Water Rights decreed in Case No. 03CW331, as described in the preceding paragraphs; (2) continuing said Conditional Water Rights in full force and effect; (3) making absolute the remaining conditional 3.4 c.f.s. of the TRR Recreation Ditch, such that the full decreed amount of 5.0 c.f.s. is absolute for all decreed purposes; and (4) granting such other relief as may be appropriate. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 17 application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3169 PITKIN COUNTY – COLORADO RIVER AND ITS TRIBUTARIES. Conundrum + Castle, LLC c/o Kevin L. Patrick, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR APPROPRIATIVE RIGHT OF EXCHANGE. First Claim: C+C appropriative exchange. Legal Description: Downstream terminus: Headgate and/or reservoir release points are owned or controlled by the BWCD, described in detail below. Upper terminus: Location of the C+C Well, SW ¼ of the NE 1/4 , Section 2, Township 11S, Range 85W of the 6th P.M., 1,840 feet from the North section line and 1,770 feet from the East section line. Source: BWCD Allotment Contract for 0.1 acre-foot from the following sources: Green Mountain Reservoir: NE ¼ SE ¼ of Section 15, Township 2 S., Range 80 W. of the 6th P.M., at a point approximately 2312 feet from the South section line and 992 feet from the East section line (Summit County); Ruedi Reservoir: NW ¼ NW ¼ of Section 18, Township 8 South, Range 84 West, of the 6th P.M., at a point approximately 324 feet from the North section line and 984 feet from the West section line (Eagle and Pitkin Counties); Troy Ditch: NW ¼ NE ¼ of Section 14, Township 8 S., Range 84 W. of the 6th P.M., at a point approximately 285 feet from the South section line and 967 feet from the East section line (Pitkin County); Edith Ditch: SW ¼ SW ¼ of Section 12, Township 8 S., Range 84 W. of the 6th P.M., at a point approximately 326 feet from the South section line and 981 feet from the West section line (Eagle County); Robinson Ditch: NW ¼ SE ¼ of Section 11, Township 8 S., Range 87 W. of the 6th P.M., at a point approximately 2307 feet from the South section line and 2309 feet from the East section line (Eagle County). Date of appropriation: April 24, 2019 by field inspection, formulation of intent and to apply water to beneficial use, and subsequent application to BWCD for Inclusion and Allotment Contract. Amount: 0.033 c.f.s., conditional. Use: Exchange to implement a plan for augmentation to be field during the month of January 2020 which will augment out of priority depletions from the C+C Well. Map of exchange reach is on file with the Court as Exhibit A. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3170 GRAND COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Applicant and Co-Applicants. Colorado River Water Conservation District (“River District”), c/o Andrew A. Mueller, Secretary/General Manager, P. O. Box 1120, Glenwood Springs, Colorado 81602, Telephone: (970) 945-8522. please direct all pleadings and correspondence in this case to: Peter C. Fleming and Jason V. Turner. Board of County Commissioners, County of Grand, Colorado (“Grand County”), c/o Edward T. Moyer, Assistant County Manager, P.O. Box 264, Hot Sulphur Springs, Colorado 80451. Please direct all pleadings and correspondence in this case to: David C. Taussig. Middle Park Water Conservancy District (“Middle Park”), c/o Jack Buchheister, President, P.O. Box 145, Granby, Colorado 80446. please direct all pleadings and correspondence in this case to: Kent H. Whitmer. Introduction. This Application is filed pursuant to C.R.S. § 37-92-301(4) and § 37-92-601. The River District is a political subdivision of the State formed by the Colorado Legislature (See C.R.S. § 37-46-101, et seq.) in 1937 for the purpose of safeguarding for the State of Colorado the beneficial consumptive use in Colorado of that portion of the waters of the Colorado River apportioned to the state by interstate compact and for promoting the welfare of the inhabitants of the River District. Geographically, the River District encompasses an area of approximately 29,000 square miles, including all of twelve and parts of three western Colorado counties. Included in that area are the headwaters and tributaries of the Colorado River mainstem and its principal tributaries, the Gunnison, the White and the Yampa Rivers. The general powers of the River District, set forth in C.R.S. § 37-46-107, inter alia, direct the River District to make surveys and investigations to ascertain the best method of utilizing stream flows within the River District and to make appropriations “for the use and benefit of the ultimate appropriators . . .” This statute further directs the River District “to perform all acts and things necessary or advisable to secure and insure an adequate supply of water, present and future, for irrigation, mining, manufacturing, and domestic purposes within said districts.” The decree that is the subject of this Application was obtained in furtherance of these statutory directives. Grand County is a County of the State of Colorado created by Article XIV of the Colorado Constitution and C.R.S. §30-5-128. Middle Park is a water conservancy district created pursuant to the provisions of C.R.S. §§37-45-101, et seq. The River District, Grand County, and Middle Park are parties to a Memorandum of Understanding (“MOU”) for the development of the Fraser Valley Project for the benefit of their mutual constituents. The River District is the sole owner of the water rights. Grand County and Middle Park are co- applicants hereto because of their contractual interests in developing the Fraser Valley Project pursuant to the MOU. Describe conditional water right (as to each structure as depicted on the map attached hereto as Exhibit A) giving the following from the Referee’s Ruling and Judgment and Decree: Names of Structure:Fraser Pumping Plant and Pipeline. Date of Original Decree, Case Number and Court: June 18, 1987, case No. 84CW553, Water Division No. 5. Legal Description/Point of Diversion: The proposed point of diversion for the Fraser Pumping Plant and Pipeline is located in the NE 1/4 of the NE 1/4 of Section 19, Township 1 South, Range 75 West of the Sixth Principal Meridian in Grand County at a point 202 feet South of the North line and 571 feet West of the East line of said Section 19. The point of diversion bears South 71º 31' West 605 feet from the NE Corner of Section 19. Source: Fraser River

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 18 and its tributaries. Appropriation Date: November 9, 1984. Amount: 35 c.f.s., conditional. Use: Irrigation, stockwater, municipal, commercial, industrial, piscatorial and power generation. Name of Structure: Fraser Feeder Canal. Date of Original decree, Case Number and Court: June 18, 1987, 84CW552, Water Division No. 5. Legal Description/Point of Diversion: The proposed point of diversion for the Fraser Feeder Canal is located in the SE 1/4 of the SE 1/4 of Section 18, Township 1 South, Range 75 West of the 6th Principal Meridian in Grand County at a point 63 feet North of the South line and 493 feet West of the East line of said Section 18. The point of diversion bears North 82º 45' West a distance 497 feet from the SE Corner of said Section 18. Source: The Fraser River and its tributaries in Grand County. Appropriation Date: November 9, 1984. Amount: 150 c.f.s., conditional. Use: The water right will be used, in addition to Ranch Creek and Meadow Creek, to fill Ranch Creek Reservoir, for subsequent application to beneficial uses for irrigation, stockwater, municipal, commercial, industrial, piscatorial, power generation, and maintenance of adequate storage reserves. Name of Structure: Ranch Creek Reservoir. Date of Original decree, Case Number and Court: June 18, 1987, 84CW551, Water Division No. 5. Legal Description/Point of Diversion: The proposed Ranch Creek Dam is located in the NE 1/4 of the NW 1/4 of Section 6, Township 1 South, Range 75 West of the 6th Principal Meridian in Grand County and in the SE 1/4 of the SE 1/4 of Section 31, Township 1 North, Range 75 West of the 6th Principal Meridian in Grand County. A point on the dam axis near the South end of said axis lies 218 feet South of the North line and 1,459 feet East of the West line of said Section 6. This point bears South 81º 30' East a distance 1,476 feet from the Northwest Corner of said Section 6. A point on the dam axis near the North end of said axis lies 593 feet North of the North line and 1,446 feet East of the West line of said Section 6. This point bears North 67º 42' East a distance 1,563 feet from the Northwest Corner of said Section 6. The dam axis bears North 00º 58' West. Source: Ranch Creek and Meadow Creek, tributaries of the Fraser River, and the Fraser River via diversions through the Fraser Feeder Canal. Appropriation Date: November 8, 1984. Amount: 20,000 A.F., conditional. Use: Irrigation, stockwater, municipal, commercial, industrial, piscatorial, and power generation. Integrated Project. This Court has previously determined that the subject conditional water rights are part of an integrated project. Pursuant to C.R.S. §37- 92-301(4)(b), "when a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.” Where work on a component of a system is “necessary to the ultimate goal of putting the water to beneficial use, it is considered part of an integrated system.” Metropolitan Suburban Water Users Assn v. Colorado River Water Cons. Dist., 365 P.2d 273, 289 (Colo.1961). The water rights that are the subject of this Application constitute an integrated project and work on any of these water rights should be considered in finding that reasonable diligence has been shown in the development of all of the water rights. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed including expenditures. The explanation of work accomplished is not all inclusive but is representative of the work accomplished. During the diligence period, the River District, Grand County, and/or Middle Park have undertaken the following specific activities over the last six years that demonstrate diligence with regard to the subject conditional water rights: Federal environmental legislation and related regulations on water development activities often make successful acquisition of needed federal permits one of the most predominant concerns regarding a water development project. A significant concern regarding the development of projects in Colorado Water Division No. 5 is the status of four native fish species which have been listed as “endangered” by the Fish and Wildlife Service pursuant to the federal Endangered Species Act. Because water depletions in the Colorado River basin are alleged to jeopardize the continued existence of those fish species, it is necessary for the River District and others who may need federal permit authorizations for their water projects to successfully address the alleged jeopardy of those species. The River District extensively participated and partially funded a multi-phase study to identify a source of the 10,825 acre feet of water necessary to satisfy the obligation of water users’ within the State of Colorado to the recovery of the endangered fish. Due to these efforts the River District has obtained a contract with Bureau of reclamation for 5,412.5 acre feet of water in Ruedi Reservoir to satisfy the West Slope’s obligation. During the diligence period the River District has maintained and administered that contract for the benefit of the endangered fish. These efforts are necessary and appropriate in order for the River District and other water users within its boundaries to secure permitting approvals for the construction and operation of water projects, including the Fraser Valley Project that is the subject of this Application. The River District continues to participate and fund efforts to reduce the salinity of the Colorado River, as well as the operation of the Colorado River mainstem reservoirs, to ensure to the River District, as well as to the State of Colorado, an adequate supply of water from the Colorado River as provided by the Colorado River Compacts. The River District, Grand County, and Middle Park expended significant staff time and financial resources in developing a stakeholder driven alternative management plan to federal wild and scenic designation for the Colorado River mainstem. The parties are still active participants in this process. A federal wild and scenic designation may have had significant impacts on the development of the conditional water rights at issue in this Application. The River District provided funding throughout the diligence period to the Center for Snow and Avalanche Studies for ongoing research regarding the impacts that dust on snow events have on water supplies. This work will be used by the River District to assess its water supply projects, including the Fraser Valley Project that is the subject of this Application. Grand County has spent significant staff time, consultant time, and financial resources in designing its Stream Management Plan. The Stream Management Plan is to provide the framework for maintaining healthy stream systems in Grand County through the protection and enhancement of aquatic habitat while at the same time protecting local water uses, and retaining flexibility for future water operations. The conditional water rights that are the subject of this Application could be used to complement and promote the purposes of the Grand County Stream Management Plan. The River District participates in the funding of United States Geological Survey gauging stations throughout the District in order to better assess the availability of water for development pursuant to its various projects. Since November 1999, the River District has participated through the USGS cooperative stream gauging program in maintaining streamflow gauging at the Fraser River below Crooked Creek, as well as supporting a water quality monitoring station at Ranch Creek below Meadow Creek. Data developed through the USGS gauging program and water quality monitoring will be necessary to support water availability analyses

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 19 and permitting requirements of a Ranch Creek Reservoir and possibly other components of the Fraser Valley Project. The Applicant and Co-Applicants also participated in the Grand County Water Information Network (“GCWIN”) efforts related to broader water quality monitoring on the Colorado River. Throughout the diligence period, the River District has been participating in, and is now administering, the Central Colorado Mountains River Basin Weather Modification Program. The program is designed to increase snow fall, and thus improve water supplies, over the central Colorado mountains including areas in the vicinity of the project that is the subject of this Application. During the diligence period, the River District has been actively engaged in the operation of its Water Marketing Program. The successful operation of the Water Marketing Program and the receipt of lease revenues by the River District will assist the River District in developing other water projects in Divisions 4, 5 and 6. The River District, Grand County, and Middle Park have all participated in the environmental permitting process for Denver Water’s Moffat Collection System Project and the Windy Gap Firming Project for Northern Water’s Municipal Subdistrict. Both of these projects could potentially affect water supplies in the Fraser River basin and therefore the Applicant and Co-Applicants have participated in these processes. The River District, Grand County, and Middle Park spent significant staff time and financial resources in negotiating agreements with Denver Water and Northern Water’s Municipal Subdistrict. These agreements will resolve various disputes involving both present and future operations on the West Slope. While the agreements have been signed the parties continue to expend resources in the implementation of these agreements, including but not limited to, participation in the Learning By Doing (“LBD”) process. LBD establishes a long-term partnership of cooperation among the parties to cooperatively manage aquatic resources by protecting and where possible, restoring and enhancing the aquatic environment. It is anticipated that the Fraser Valley Project water rights will assist in these efforts. The River District staff identified and mapped owners of lands on which structures may be located or where water may be stored. The River District, Grand County, and Middle Park have opposed numerous water right applications during the diligence period in order to prevent or mitigate adverse effects to their water rights. The River District annually participates actively in legislative processes regarding water-related matters before both the United States Congress and the Colorado General Assembly. The River District has monitored and lobbied concerning the activities of various committees of the United States Congress concerning environmental legislation, particularly the Endangered Species Act, Clean Water Act, and the National Environmental Policy Act (“NEPA”) as such environmental acts relate to the construction of projects and utilization of water within Western Colorado. The River District also monitors and lobbies in the Colorado General Assembly on matters related to water rights and water project development. Middle Park conducted a preliminary analysis of the value and use of water rights in the vicinity of the Fraser Valley Project. Middle Park updated an analysis of demands in Grand County and Summit County, and specifically demands within the Fraser River Valley. The River District Board affirmed its intent to develop the subject conditional water rights at its October 2019 Quarterly Board Meeting. Middle Park reviewed and authorized filing the present Application pursuant to its agreement with Grand County and the River District at its October 2019 Quarterly Board Meeting. In addition to extensive staff time, the River District, Grand County, and Middle Park have expended in excess of four million dollars in furtherance of the activities described herein. The application contains a summary of diligence activities and costs the River District, Grand County and Middle Park may present additional evidence regarding the activities and costs above or other diligence activities and costs on their integrated water system in support of the application in this case. Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. The structures are or may be located and water is or may be stored on land owned by the agencies, entities, and individuals identified in Exhibit B, attached hereto and incorporated herein by this reference. The water will be placed to beneficial use within the extensive boundaries of the River District (which include Grand County and the boundaries of Middle Park). The specific owners of land upon which the water rights will be placed to beneficial use will be determined at future dates as the project is developed. The water rights may be put to beneficial use on lands owned by numerous individuals and entities. Therefore, it is not feasible to list at this time the names and addresses of the owners of land upon which water may be placed to beneficial use. WHEREFORE, the River District, Grand County, and Middle Park respectfully request that the Court: 1) find that the Applicant and Co-Applicants have exercised reasonable diligence in the development of the water rights that are the subject of this Application; 2) rule that the conditional water rights be continued in full force and effect; and 3) set a date for a subsequent application for a finding of reasonable diligence. The Applicant and Co-Applicants also request that the Court reconfirm its prior finding in Case No. 13CW46 that the subject conditional water rights identified above are features of an integrated system of water rights, and that work done on one feature of the project shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project. (14 pages, 2 Exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3171 (12CW151, 05CW93, 98CW29, 91CW154) VAIL ASSOCIATES, INC. (“Vail”), c/o Annie Kao, 390 Interlocken Crescent, Suite 100, Broomfield, Colorado 80021, and BEAR GULCH HOMEOWNERS ASSOCIATION (“Bear Gulch”), c/o Andrew Neumann, 4000 Bellyache Ridge Rd., Wolcott, Colorado 81655. APPLICATION FOR FINDING OF REASONABLE

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DILIGENCE AND TO MAKE ABSOLUTE IN PART, in EAGLE COUNTY. Please send all pleadings and correspondence to P. Fritz Holleman and Bradley N. Kershaw, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder Colorado, 80302, and to Christopher L. Geiger and Erika S. Gibson, Balcomb & Green, P.C., 818 Colorado Avenue, Glenwood Springs, Colorado 81602. 2. Names of structures and description of conditional water rights: A. Jan Jouflas Pond. This right is claimed by Vail and Bear Gulch. i. Original Decree. By the District Court in and for Water Division No. 5, Case No. 91CW154, entered on February 10, 1992. ii. Subsequent Decrees Finding Diligence and/or Making Absolute. Case No. 98CW29, entered on May 13, 1999; Case No. 05CW93, entered on October 14, 2006; and Case No. 12CW151, entered on December 15, 2013, all by the District Court in and for Water Division No. 5. iii. Legal Description. The center of the dam is located 3500 feet from the South section line and 4420 feet from the East section line of Section 27, T. 4 S., R. 83 W. of the 6th P.M. See Figure 1 to Application. iv. Source. Unnamed tributaries of the Eagle River and, as added in Case No. 94CW288, Jouflas Spring No. 39. v. Amount. This water right was decreed for 3.0 acre feet, conditional. In Case No. 98CW29, this right was made absolute for 2.8 acre feet for piscatorial, storage, livestock watering, recreation, wildlife, and fire protection uses, and also made absolute for 0.10 acre feet for domestic and augmentation uses. The remaining conditional amounts are as follows: 0.2 acre feet for piscatorial, storage, livestock watering, recreation, wildlife, and fire protection uses; 3.0 acre feet for municipal, irrigation, replacement, exchange and commercial uses; and 2.9 acre feet for domestic and augmentation uses. vi. Appropriation Date. August 15, 1991. vii. Uses. a. In Case No. 91CW154, domestic, livestock watering, municipal, fire protection, commercial, recreation, piscatorial, storage and wildlife uses. b. In Case No. 94CW83, the Court confirmed 0.88 acre feet of the Jan Jouflas Pond for augmentation use in the Bear Gulch plan for augmentation decreed therein. c. In Case No. 97CW298, the Court decreed a change of 1.97 acre feet of this water right to include domestic, municipal, irrigation, recreation, commercial, augmentation, replacement and exchange, by direct diversion or storage for the Vail and G. Jouflas Ranch plans for augmentation decreed therein. B. James Jouflas Pond. This right is claimed by Vail. i. Original Decree. By the District Court in and for Water Division No. 5, Case No. 91CW154, entered on February 10, 1992. ii. Subsequent Decrees Finding Diligence and/or Making Absolute. Case No. 98CW29, entered on May 13, 1999; Case No. 05CW93, entered on October 14, 2006; and Case No. 12CW151, entered on December 15, 2013, all by the District Court in and for Water Division No. 5. iii. Legal Description. The center of the dam as decreed in Case No. 91CW154 is 2290 feet from the South section line and 1500 feet from the East section line of Section 21, T. 4 S., R. 83 W. of the 6th P.M. See Figure 1 to Application. iv. Source. Unnamed tributaries of the Eagle River. v. Amount. This water right was decreed for 25 acre feet, conditional. vi. Appropriation Date. August 15, 1991. vii. Uses. a. In Case No. 91CW154, domestic, livestock watering, municipal, fire protection, commercial, recreation, piscatorial, storage and wildlife uses. b. In Case No. 97CW298, the Court decreed a change of this water right that added domestic, municipal, irrigation, recreation, commercial, augmentation, replacement and exchange, by direct diversion or storage for the Vail plan for augmentation decreed therein. C. Holland Pond. This right is claimed by Vail. i. Original Decree. By the District Court in and for Water Division No. 5, Case No. 91CW154, entered on February 10, 1992. ii. Subsequent Decrees Finding Diligence and/or Making Absolute. Case No. 98CW29, entered on May 13, 1999; Case No. 05CW93, entered on October 14, 2006; and Case No. 12CW151, entered on December 15, 2013, all by the District Court in and for Water Division No. 5, as changed by Case No. 97CW298, entered on April 26, 1999, District Court in and for Water Division No. 5. iii. Legal Description. The center of the dam is located 2850 feet from the South section line and 1000 feet from the East section line of Section 22, T. 4 S., R. 83 W. of the 6th P.M. See Figure 1 to Application. iv. Source. Unnamed tributaries of the Eagle River. v. Amount. This water right was decreed for 46 acre feet, conditional. In Case No. 98CW29, this right was made absolute for 10.2 acre feet for piscatorial, storage, livestock watering, recreation, wildlife, and fire protection uses. The remaining conditional amounts are as follows: 35.8 acre feet for piscatorial, storage, livestock watering, recreation, wildlife, and fire protection uses; and 46 acre feet for domestic, municipal, commercial, irrigation, augmentation, replacement and exchange uses. vi. Appropriation Date. August 15, 1991. vii. Uses. a. In Case No. 91CW154, domestic, livestock watering, municipal, fire protection, commercial, recreation, piscatorial, storage and wildlife uses. b. In Case No. 97CW298, the Court decreed a change of this water right that added domestic, municipal, irrigation, recreation, commercial, augmentation, replacement and exchange, by direct diversion or storage for the Vail plan for augmentation decreed therein. 3. Detailed outline of work performed to complete application of water to beneficial use: During the subject diligence period from December 2013 until the present date, Applicants’ efforts toward development of the subject water rights include, but are not limited to, the following: A. In Case No. 05CW93, the Water Court found that the subject water rights are part of an integrated water supply system for Vail’s Red Sky Ranch development and Bear Gulch. Red Sky Ranch is a 780 acre residential and golf course development, which includes homes, two golf courses, open space and other recreational amenities. Vail has engaged in numerous activities during the relevant diligence period that demonstrate diligence toward the application of the water rights to the decreed beneficial uses, and has incurred significant expense in investigations and capital improvements related to its water supply facilities in order to provide a dependable legal and physical supply of water for the Red Sky Ranch development. Vail spent over $18,000 during the diligence period in connection with maintenance and operation of the Jan Jouflas Pond, in addition to normal operating expenses in connection with the James Jouflas Pond and Holland Pond. All such expenditures are necessary steps in the development of Vail’s Red Sky Ranch integrated system and the subject water rights in particular. B. Since the last diligence application was filed, eleven (11) new homes have been constructed in the Red Sky Ranch residential development. The water treatment plant at Red Sky Ranch has been continuously maintained and repaired with funds provided by the Holland Creek Metropolitan District, at an expense of over $523,000. C. Vail has operated the augmentation plans for the Red Sky Ranch development decreed in Case Nos. 97CW298, 99CW168 and 03CW42. D. Vail has adjudicated several other applications for water rights in Water Division No. 5 for the Red Sky Ranch development that are part of the integrated water supply system for the development, including decrees in Case Nos. 12CW151, 15CW3109, 17CW3036, and 18CW3157. In addition, by application filed in Case No. 19CW3163, Vail is seeking to make an additional amount of its Vail-Jouflas Eagle River Diversion 1st Enlargement water right, originally decreed in Case No. 99CW168, absolute. The Vail-Jouflas Eagle River

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Diversion 1st Enlargement water right is part of the integrated water supply system used by Vail to provide water service to the Red Sky Ranch development. E. The Bear Gulch Subdivision is a nine-lot residential community served entirely by individual wells for each lot. Bear Gulch relies on the Jan Jouflas Pond as an augmentation source, pursuant to the plan for augmentation decreed in Case No. 94CW83, for out-of-priority depletions associated with lot owners’ use of the Bear Gulch wells during the non-irrigation season. F. Bear Gulch adjudicated and received decrees confirming its diligence in developing the Bear Gulch well water rights and the spring that feeds the Jan Jouflas Pond in Case Nos. 16CW3034 and 16CW3217. These rights are part of the integrated water supply system for the Bear Gulch Subdivision. Bear Gulch incurred approximately $8,000 in legal and engineering fees. G. Bear Gulch members marketed and sold lots within the subdivision in reliance on the water supply operated under the plan for augmentation supported by the Jan Jouflas Pond. Three lots sold during the diligence period, and two of the new owners (Lots 3 and 7) subsequently constructed new homes on their vacant lots. H. Bear Gulch member and Lot 3 owner permitted, drilled and operated a new well (Permit No. 82267-F) pursuant to the plan for augmentation supported by the Jan Jouflas Pond. I. Bear Gulch supplied three existing residences with domestic water for single-family units and irrigation of up to 2,500 square feet of lawn and garden under the Bear Gulch well water rights, which are operated under the plan for augmentation supported by the Jan Jouflas Pond. The use and enjoyment of the Bear Gulch Subdivision is contingent on maintenance of a legal water supply, of which the Jan Jouflas Pond is a component. J. Bear Gulch members paid significant assessments to maintain and improve the roads within the development. Collectively, Bear Gulch members paid $135,000 in dues to a shared road homeowners association, which is a requirement under the Bear Gulch declarations. K. Applicants have regularly monitored the filings of other water users, and have incurred legal and engineering costs in connection with numerous cases to protect the subject water rights. L. Applicants continue to rely upon the subject water rights and have no intention to abandon them. 4. Claim to make absolute in whole or in part: As set forth above, the Jan Jouflas Pond water storage right and the Holland Pond water storage right have already been decreed absolute, in part, for only some of the decreed uses. Pursuant to C.R.S. section 37-92-301(4)(e), “[a] decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure.” By this application, and pursuant to section 37-92-301(4)(e), Vail and Bear Gulch seek to make the volume of the Jan Jouflas Pond and Holland Pond water storage rights absolute for all decreed purposes, to the extent of the volume of the rights that has already been found absolute for only some purposes. A. Jan Jouflas Pond. i. Amounts and uses already absolute: By decree in 98CW29, this right was made absolute in the amount of 2.8 acre feet for piscatorial, storage, livestock watering, recreation, wildlife, and fire protection uses, leaving 0.2 acre feet conditional for those uses, and in the amount of 0.10 acre feet for domestic and augmentation uses, leaving 2.9 acre feet conditional for those uses. ii. Additional absolute uses: In addition to those uses identified in paragraph 4.A.i. above and made partially absolute in 98CW29, this right is decreed for municipal, commercial, irrigation, replacement and exchange uses. By this application, and pursuant to C.R.S. section 37-92-301(4)(e), Vail and Bear Gulch seek to make the Jan Jouflas Pond water right absolute for all decreed uses in the amount of 2.8 acre feet. iii. Description of place of use where water was applied to a beneficial use: In Jan Jouflas Pond. B. Holland Pond. i. Amounts and uses already absolute: By decree in 98CW29, this right was made absolute in the amount of 10.2 acre feet for piscatorial, storage, livestock watering, recreation, wildlife, and fire protection uses, leaving 35.8 acre feet conditional for those uses. ii. Additional absolute uses: In addition to those uses identified in paragraph 4.B.i. above and made partially absolute in 98CW29, this right is decreed for domestic, municipal, commercial, irrigation, augmentation, replacement and exchange uses. By this application, and pursuant to C.R.S. section 37-92-301(4)(e), Vail seeks to make the Holland Pond water right absolute for all decreed uses in the amount of 10.2 acre feet. iii. Description of place of use where water was applied to a beneficial use: Red Sky Ranch development and Red Sky Ranch golf courses. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The Jan Jouflas Pond, James Jouflas Pond and Holland Pond are all located on land owned by co-Applicant Vail. WHEREFORE, Applicants request that the Court issue a final decree (i) finding that the Jan Jouflas Pond water right has been made absolute in the amount of 2.8 acre feet for all decreed uses, leaving 0.2 acre feet, conditional, (ii) finding that the Holland Pond water right has been made absolute in the amount of 10.2 acre feet for all decreed uses, leaving 35.8 acre feet, conditional; (iii) finding that Vail and Bear Gulch have been reasonably diligent with respect to the remaining conditional portions of the subject water rights described in paragraph 2; (iv) continuing the conditional portions of the subject water rights not continued as absolute herein; and (v) granting such other and further relief as may be appropriate. (10 Pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

21. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3172 (11CW154, 04CW046, 93CW072, 86CW303, 82CW347, W-676-78, W-676 and W-161) M J M ENTERPRISES, INC. Mr. Miniat, President, 6905 Ridge Valley Court, Loveland, Colorado 80538 (c/o Richard J. Mehren, John Peckler, Moses, Wittemyer, Harrison and Woodruff, P.C., 2595 Canyon Boulevard, Suite 300, Boulder, CO 80302 (303) 443-8782) CONCERNING THE

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APPLICATION FOR APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF M J M ENTERPRISES, INC. IN GRAND COUNTY, COLORADO 1. Name and address of Applicant: M J M Enterprises, Inc., c/o Mr. Miniat, President, 6905 Ridge Valley Court, Loveland, Colorado 80538 2. Name of structure: Sylvan Reservoir (WDID: 5103701). 3. Description of conditional water right: 3.1 Original decree: August 3, 1911, Case No. 183, in the District Court of Grand County, State of Colorado. 3.2 Subsequent decrees: Subsequent findings of reasonable diligence and/or make absolute have been entered by the Division No. 5 Water Court in Case Nos.: June 25, 1971, Case Nos. W-161; November 14, 1972, W-676; October 17, 1979, W-676-78 (made absolute 1,133.74 acre feet for the Sylvan Reservoir); September 3, 1983, 82CW347; March 30, 1987, 86CW303; March 9, 1998, 93CW072; November 8, 2005, 04CW046; and December 15, 2013, 11CW154. 3.3 Legal description: Sylvan Reservoir is located in the S1/2 of Section 4 and in the N1/2 of Section 9, T1S, R78W of the 6th P.M., Grand County, Colorado (UTM coordinates: Easting 404152.8, Northing: 4426252, NAD83, Zone 13), as shown on Exhibit 1. 3.4 Source: Little Muddy Creek, also known as Little Muddy River, a tributary of the Colorado River. The water is supplied through the Sylvan Ditch. The decreed location for the headgate of the Sylvan Ditch is on the west bank of Little Muddy Creek, at a point whence the Southeast corner of Section 11, T1S, R78W of the 6th P.M., Grand County, Colorado bears S27°33´00"E, 859 feet. Said ditch is 3.3 miles in length and runs in a Northwesterly direction. The location of the headgate for the Sylvan Ditch is shown on Exhibit 1. 3.5 Appropriation date: November 3, 1907. 3.6 Remaining conditional amount: 1,133.74 acre-feet, conditional. 3.7 Uses: Irrigation, augmentation, replacement, and exchange. 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use: 4.1 The conditional water right decreed to Sylvan Reservoir, described in paragraph 3 above (“Subject Water Right”), is part of an integrated system comprised of several features within the meaning of § 37-92-301(4)(b), C.R.S. Portions of the integrated system are or were owned and operated by separate entities that are affiliated with Applicant through common ownership and/or control by Mr. Miniat. As such, work on one feature of the system by Mr. Miniat is considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. 4.2 Between December 2013 and December 2019 (“Diligence Period”), Mr. Miniat worked to develop the Subject Water Right, complete the appropriation, and place the water to beneficial use, as demonstrated by the following representative but non-exhaustive list of activities and expenditures: 4.2.1 Mr. Miniat retained engineering consultants and attorneys to assist in the acquisition, operation, maintenance, improvement, and protection of his integrated water supply system including the Subject Water Right. 4.2.2 Mr. Miniat participated and continues to participate in the adjudication of Climax Molybdenum Company’s application in Case No. 12CW176 to ensure the protection of his water rights, including the Subject Water Right. 4.2.3 Mr. Miniat obtained a finding of reasonable diligence from the Court in Case No. 17CW3129 for several conditional exchanges that use the Subject Water Right as a source of substitute supply. 4.2.4 Mr. Miniat obtained a finding of reasonable diligence from the Court in Case No. 15CW3004 for the Skylark Creek and Battle Creek water rights, which were part of the integrated water supply system. 4.2.5 Mr. Miniat operated, maintained, repaired, and improved the diversion structures, ditches and dam related to the Subject Water Right. This includes cleaning and general maintenance of the ditches in order to maintain their carrying capacity, inspecting the ditches to ensure the ditches operate properly when in use, reinforcing the Sylvan Ditch headgate, clearing brush from the face of the dam, and working to implement the emergency plan required by the Colorado Division of Water Resources. 4.2.6 Mr. Miniat maintained, repaired, and improved ditches, headgates, and other diversion structures associated with the water rights continued in Case Nos. 17CW3129 and 15CW3004. 4.2.7 Mr. Miniat has caused the absolute portion of the Sylvan Reservoir water right to be diverted, stored and beneficially used in accordance with the relevant underlying decrees. Expenses were incurred in this regard during the Diligence Period. 4.2.8 Mr. Miniat negotiated for and obtained a water flowage easement from Trapper Valley Ranch, L.L.C. for the right to convey water from Sylvan Reservoir through two ditches on Trapper Valley Ranch’s property for use of the Sylvan Reservoir water right for irrigation and other beneficial uses. 4.2.9 Mr. Miniat negotiated and reserved a water carriage easement across land conveyed to Company Ranch LLC. This water carriage easement allows Mr. Miniat to access the conveyed land to construct, operate, maintain, and replace the water carriage system necessary to operate exchanges that include the Subject Water Right as a source of substitute supply. 4.2.10 Under the water carriage easement between Mr. Miniat and Company Ranch LLC, Mr. Miniat made repairs to the ditch on Company Ranch LLC’s land and is evaluating the potential of expanding the capacity of the ditch from 10 cfs to 25 cfs. 4.2.11 Mr. Miniat negotiated for and obtained a water flowage easement from Grand Creek Ranch LLC, Long Park LLC, and John H. Coors (“Coors Entities”) allowing him to convey water to the Williams Fork River across the Coors Entities’ land via the natural channel of Elting Draw. This easement allows Mr. Miniat to operate exchanges that include the Subject Water Right as a source of substitute supply. 4.3 The work performed and actions taken by Mr. Miniat during the Diligence Period demonstrate Applicant’s continuing intent to develop the Subject Water Right. Applicant has met all applicable standards in demonstrating reasonable diligence. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: 5.1 Sylvan Reservoir: Applicant; the United States Bureau of Land Management, P.O. Box 68, Kremmling, Colorado 80459-0068; and the G & S Stimac Family Trust, 12777 Jones Road, Suite 155, Houston, Texas 77070-4624. WHEREFORE, Applicant requests that the Court enter a decree granting this application, finding that Applicant has exercised reasonable diligence in developing and completing the conditional portion of the Sylvan Reservoir water right during the Diligence Period, and continuing the conditional decree and the conditional portion of the water right in full force and effect for six years from the month in which a final decree is entered in this case. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 23

22. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3173 GRAND COUNTY – FRASER RIVER; Application for Absolute Water Storage Right and Appropriative Right of Exchange. 1. Applicant: Hackstaff Ranch, LLC, please direct all correspondence to Applicant’s attorney, Martha P. Whitmore, Hockersmith & Whitmore, LLC, PO Box 646, Ouray, CO 81427-0646; [email protected], 970-325-4414. 2. Name of Reservoir: Hackstaff Pond. 3. Legal Description: The Hackstaff Pond does not include a dam. The pond is an abandoned oxbow to the Fraser River. A map is attached as Figure 1 which is on file with the Court. The inlet to Hackstaff Pond is located: Easting 417052 and Northing 4438809 NAD83, Zone 13, NW1/4NW1/4, Section 36, Township 2 North, Range 77 West, 6th PM, County of Grand, State of Colorado, 1100 feet from the north and 910 feet from the west section lines. 4. Source: Fraser River. 5. If filled from a ditch: A. Scybert Ditch (WDID 5100876). The Hackstaff Pond is part of the Scybert Ditch irrigation system and has been operating since 1995. The Scybert Ditch is decreed to divert at a rate of 8.4 cfs, however the lateral that delivers water to the Hackstaff Pond carries 3.07 cfs; B. Legal description of each point of diversion: The Scybert Ditch diversion point is as follows: Easting 417627 and Northing 4437946, Zone 13, SW1/4SE1/4, Section 36, Township 2 North, Range 77 West, 6th PM, County of Grand, State of Colorado, 1130 feet from the south and 2370 from the east section lines. 6. A. Date of appropriation: May 19, 2019; B. How appropriation was initiated: By diverting water from the Fraser River through the Scybert Ditch; C. Date water applied to beneficial use: May 29, 2019. This is the date on which the Pond was filled and used for piscatorial, fishery, fish propagation, recreation and aesthetic purposes. The Pond is used primarily for fishing and other recreation. 7. Amount claimed: A. In acre feet – 1.84 acre feet, absolute; B. If filled from a ditch, rate of diversion in cubic feet per second (cfs) for filling the reservoir: 3.07cfs, absolute. Applicant has a photograph of the pond being filled through a 9-inch parshall flume at the claimed rate, see Exhibit A on file with the Court. A stage-area capacity table is also provided, Exhibit B which is on file with the Court. 8. List all Uses or Proposes Uses: Fishing, fish propagation, piscatorial, recreation, aesthetic purposes. A. If irrigation, complete the following: No irrigation; B. If non-irrigation, describe purpose fully. The Hackstaff Ranch is a family owned ranch used for recreation purposes. The Pond provides fishing as a recreational activity; the Applicant stocks fish and propagates fish in the pond, it is used for piscatorial and other recreational purposes such as swimming and wading. 9. Surface area of high water line: 0.81 AF; A. Vertical height of dam – N/A; B. Length of dam in feet – N/A. 10. Total capacity of reservoir in acre feet: 1.84 acre feet; Active capacity: At least 1.10 acre feet Dead Storage: Not more than 0.74 acre feet. 11. Applicant owns the land on which the Hackstaff Pond is located. 12. Remarks or any other pertinent information: Applicant requests the right to fill and refill the Pond in priority or to exchange water from Wolford Mountain Reservoir (upstream to the Pond). Applicant has a contract (Contract No. CW19004) with the Colorado River Water Conservation District for 2.3 acre feet of water from Wolford Reservoir to permit refilling of the Pond during the summer season to replace evaporative losses from the Pond. Water from Wolford Mountain Reservoir is delivered through Muddy Creek into the Colorado River at the confluence of Muddy Creek and the Colorado River. The below information is provided regarding the Appropriative Right of Exchange. 13. Claim for Appropriative Right of Exchange: Name of Exchange: A. Colorado River Exchange: Legal description of upper terminus of exchange: SW1/4 of the SW1/4 of Section 25 Township 2 North, Range 77 W of the 6th P.M. at a point described as UTM Zone 13N NAD83 Easting 416982 and Northing 4439316. Legal description of lower terminus of exchange: NW1/4 NE1/4 of Section 19, Township 1 North, Range 80 West of the 6th P.M. at a point described as UTM Zone 13N NAD83 Easting 380773 and Northing 4433487. Rate of flow for exchange: 3.07 cfs Total amount of water claimed for exchange: 2.3 acre feet Date of appropriation: October 4, 2019.How appropriation initiated: Applicant’s water engineering consultant implemented the exchange and communicated such to the water commissioner before running said exchange. This exchange was implemented on October 4, 2019 and is requested to be decreed as ABSOLUTE. B. Fraser River Exchange: Legal description of upper terminus of exchange: SW1/4 SE1/4 of Section 36, Township 2 North, Range 77 West of the 6th P.M. at a point described as UTM Zone 13N NAD83 Easting 417627 and Northing 4437946. Legal description of lower terminus of exchange: SW1/4 of the SW1/4 of Section 25 Township 2 North, Range 77 W of the 6th P.M. at a point described as UTM Zone 13N NAD83 Easting 416982 and Northing 4439316. Rate of flow for exchange: 3.07 cfs Total amount of water claimed for exchange: 2.3 acre feet Date of appropriation: October 4, 2019 How appropriation initiated: By implementing the exchange. This exchange was implemented on October 4, 2019 and is requested to be decreed as ABSOLUTE. C. Proposed terms and conditions: 1. Applicant will install measuring devices to the satisfaction of the division engineer to verify the amounts of water diverted into the Pond, stored and used for the decreed purposes, as well as water exchanged and diverted into the Pond, stored and used for the decreed purposes. 2. Applicant will install a staff gage capable of measuring the stage of the Pond. 3. Applicant will prepare accounting to track diversions and amounts of water exchanged and amounts of water stored in the Pond. 4. Applicant will file an annual report with the Division Engineer. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

23. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 24

CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW3174 GRAND COUNTY. WILLIAMS FORK RIVER, TRIB. OF THE COLORADO RIVER. Application for Surface Water Rights, Storage Water Rights and Change of Water Right. Applicant: Williams Fork Valley Ranch, LLC c/o Balcomb & Green, P.C., Post Office Drawer 790, Glenwood Springs, Colorado 81602, (970) 945-6546. Summary of Amended Application. By this Application, Applicants seek confirmation of surface and storage water rights and approval of change of water right as described herein. Structure: Lyman (a/k/a Lymon) Ditch Second Enlargement. Previous Decree Info.: The decree in Civil Action 112, entered 8/11/1906 by the Grand County Dist. Ct., awarded the Lyman Ditch 14.5 c.f.s. for irr. purposes with a date of approp. of 10/5/1903. The decree in Civil Action 379, entered 8/5/1922 by the Grand County Dist. Ct., awarded the Lyman Ditch First Enlargement 11.5 c.f.s. of water for irr. with a date of approp. of 5/12/1922. Legal Description: The pt. of diversion for the Lyman Ditch was decreed in Civil Action 379 as being located at a pt. on the W. bank of Williams Fork of the Colorado [Grand] River whence the E1/4 corner of Sec. 20, T. 1 S., R. 78 W., 6th P.M. bears N. 42° 41’ E. 2,183 ft. The pt. of diversion may also be described as UTM x (Easting): 402978.0 and UTM y (Northing): 4421623.0. Source: Williams Fork River, trib. of the Colorado River. Amt.: 4.90 cfs. Date of Approp.: 6/1/2019. How approp. was initiated: The diversion of water and application to beneficial use for irr. purposes. Date water applied to beneficial use: 6/1/2019. Uses: Irr., stockwater, delivery of water to storage for subsequent uses of irr., stockwatering and wildlife watering. Number of acres irrigated: The total irrigated area under the Lyman Ditch Second Enlargement may change in its configuration, but shall not exceed 423 acres. Applicant intends to use this water right to supplement irr. of lands already irrigated under other water rights as detailed below: The Lyman Ditch Second Enlargement will supply water to the Upper Grand Creek Reservoir Pump Station which pumps water to the Upper Grand Creek Reservoir and supplies four pivots along Skylark Creek, Center Pivots 8-11. The area irrigated by Center Pivots 8, 9 and 10 was previously decreed in Case No. 09CW180, Dist. Ct. Water Division No. 5, for irr. with water diverted from Skylark Creek, a trib. of the Williams Fork River, a trib. of the Colorado River. The Lyman Ditch Second Enlargement is intended to provide a supplemental source to Skylark Creek for the area irrigated by Center Pivots 8, 9 and 10 and to be the only source of supply for irr. under Center Pivot 11 through either direct delivery or after storage in the Upper Grand Creek Reservoir. The Lyman Ditch Second Enlargement will supply water to Center Pivot 1 which irrigates 47 acres, a portion of which 13 acres is also irrigated by the Bohm Ditch No. 2 pursuant to the decree in Case No. 08CW190, Dist. Ct. Water Division No. 5, diverting from the right bank of Long Park Creek, a trib. to the Williams Fork River, trib. to the Colorado River. The Lyman Ditch Second Enlargement will supply water to the Lewis Pond Empoundment Pumpstation for delivery of water to the Lewis Pond Empoundment and subsequent irr. of 72 acres currently irrigated by Center Pivot 12. The Lewis Pond Empoundment was decreed in in Case No. 84CW257, Dist. Ct. Water Division No. 5, which has a source of supply of the Lewis Pond Spring located on an unnamed trib. of the Williams Fork River, trib. to the Colorado River. Structure: Upper Grand Creek Reservoir Lyman Ditch Fill and Refill Right. Legal Description: Upper Grand Creek Ranch Reservoir is an on-channel structure, the dam for which crosses Skylark Creek in the NW1/4 NW1/4, Sec. 20, T. 1 S., R. 78 W., 6th P.M., 1100 ft. from the N. sec. line and 560 ft. from the W. sec. line of said Sec. 20. Source: Williams Fork Reservoir via the Lyman Ditch Second Enlargement with a fill rate of 2.88 cfs absolute, 0.12 cfs cond. Amt.: 31 AF with 20.9 AF absolute and 10.1 AF remaining conditional with a right to refill repeatedly when such reservoir is in priority and to the extent storage space is available. Use: Irr. of up to 304 acres, stockwatering, and livestock watering. Date and methods of approp.: 7/1/2019 by formation of intent to appropriate together with overt acts manifesting a first step toward approp., including formulation of a plan to develop an irr. system that incorporates the Upper Grand Creek Ranch Reservoir as an essential component of such, filling of the reservoir and application of water to beneficial use. Date applied to beneficial use: 7/1/2019. Reservoir Physical Characteristics: Height of dam: 26 ft. Length of dam: 250 ft. Total Surface Area: 3.6 acres. Total Capacity: 31.0 AF, of which 20.9 AF was made absolute. Structure: Lewis Pond Empoundment Lyman Ditch Fill and Refill. Legal Description: The pond is located in the N1/2 NW1/4 of Sec. 8, T. 1 S., R. 78 W., 6th P.M.; the center of the pond being located at a pt. on the W. line of the NE1/4 NW1/4, and 200 ft. S. of the N. line of said Sec. 8; and can also be described as UTM x (Easting):402155.0 and UTM y (Northing): 4426144.0. Source: Unnamed trib. of the Williams Fork River trib. to the Colorado River via the Lewis Pond Spring and the Williams Fork River trib. to the Colorado River via the Lyman Ditch Second Enlargement with a fill rate of 1.0 cfs absolute. Amt.: 3.0 AF absolute. Use: Irr., stock water and wildlife watering. Date and methods of approp.: 8/5/2019 by formation of intent to appropriate together with overt acts manifesting a first step toward approp., including formulation of a plan to develop an irr. system that incorporates the Lewis Pond Empoundment as an essential component of such, filling of the reservoir and application of water to beneficial use, and filling and refilling the reservoir. Date applied to beneficial use: 8/5/2019. Reservoir Physical Characteristics: Height of dam: less than 10 ft. Length of dam: 125 ft. Total Surface Area: 2.1 acres. Total capacity: 3.0 AF Structure: Lewis Pond Empoundment Enlargement. Legal Description: The pond is located in the N1/2 NW1/4 of Sec. 8, T. 1 S., R. 78 W., 6th P.M.; the center of the pond being located at a pt. on the W. line of the NE1/4 NW1/4, and 200 ft. S. of the N. line of said Sec. 8; and can also be described as UTM x (Easting):402155.0 and UTM y (Northing):4426144.0. Source: Williams Fork River trib. to the Colorado River via the Lyman Ditch Second Enlargement with a fill rate of 1.0 cfs absolute. Amount: 10.0 AF, absolute. Use: Irr., stock water and wildlife watering. Date and methods of approp.: 6/28/2019 by formation of intent to appropriate together with overt acts manifesting a first step toward approp., including formulation of a plan to develop an irr. system that incorporates the Lewis Pond Empoundment Enlargement as an essential component of such, filling of the reservoir and application of water to beneficial use, construction of the enlarged reservoir and filling of the enlarged reservoir. Reservoir Physical Characteristics: Height of dam: less than 10 ft. Length of dam: 125 ft. Total Surface Area: 3.0 acres. Total capacity: 10 AF. Decreed water right for which change is sought: Structure: Upper Grand Creek Ranch Reservoir. Case number and date of orig. and all relevant subsequent decrees: Case No. 09CW180, Corrected Findings of Fact, Conclusions of Law, Judgment and Decree of Water Ct. dated 11/21/2011

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 25 and 17CW3228 Decree entered on 6/3/2018. Legal description of structure as described in most recent decree that adjudicated the location: Upper Grand Creek Ranch Reservoir is an on-channel structure, the dam for which crosses Skylark Creek in the NW1/4 NW1/4 of Sec. 20, T. 1 S., R. 78 W., 6th P.M., 1,100 ft. from the N. Sec. line and 560 ft. from the W. Sec. line of said Sec. 20. Decreed source of water: Skylark Creek, a trib. to the Williams Fork River, a trib. to the Colorado River. Approp. date: 11/21/2011. Total Amt. decreed to structure: 31.0 AF, with 20.9 AF absolute and 10.1 remaining cond., with a right to refill repeatedly when such Reservoir is in priority and to the extent storage space is available. Decreed uses: stockwater, pisc., rec., in-place wildlife watering use, and irr. located in Secs. 19 and 20, T. 1 S., R. 78 W., 6th P.M. Amt. of water that applicant intends to change: 31.0 AF. Detailed description of proposed change and map showing the approximate location of historical use of the rights and proposed place of use. Applicant proposes to change the place of use decreed in Case No. 09CW180 to conform to the as-constructed place of use under Center Pivots 8, 9 and 10. The total irrigated acreage under the Upper Grand Creek Ranch Reservoir water right decreed in Case No. 09CW180 may change slightly due to the configuration of the center pivots in use but shall not exceed 271 acres. Landowners: Applicant and BLM. 10 pgs. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

24. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW16(13CW4) GRAND COUNTY – SODA CREEK AND STILLWATER CREEK, COLORADO RIVER. David LeCroy, P.O. Box 1206, Vail, CO 81658 (970)390-0817. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. (1) Name of Structures: LeCroy Wells 1 - 13 and Exchange. Source: Ground water hydraulically connected to Soda Creek and Stillwater Creek, tributary to the Colorado River. (2) Use of Wells: Domestic (including fire protection), irrigation and livestock watering. (3) Exchange Water: Granby Reservoir and/or Wolford Mountain Reservoir. (4) Exchange Reach: Soda Creek and Stillwater Creek, Colorado River and Muddy Creek from Applicant’s property to where Granby Reservoir or Wolford Mountain Reservoir releases meet the Colorado River. (5) Location: LeCroy Wells No. 1 through 13 are located within the boundaries of the Applicant’s property, consisting of approximately 40 acres in the NE1/4SE1/4, Section 22, Township 3 North, Range 76 West of the 6th P.M., Grand County, Colorado, excepting only that portion conveyed to Grand County in Book 136 at Page 524. (6) Well Amount: 15 gpm per well up to 4.76 af/yr. (7) Exchange Amount: The total exchange rate per year is limited to the annual calculated depletions of 0.97 acre feet, which represents a continuous flow rate of 0.001 cubic feet per second (cfs). (8) Appropriation Date for Well and Exchange: Oct.9, 1996. Applicant requests a finding of diligence on the conditional exchange right awarded in 13CW4 and the conditional underground water rights for LeCroy Wells 1 - 13. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

25. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW17- EAGLE COUNTY-UNKNOWN TRIBUTARY TO WEST SQUAW CREEK TRIBUTARY TO SQUAW CREEK TRIBUTARY TO THE EAGLE RIVER TRIBUTARY TO THE COLORADO RIVER. Sean P. Cozzens Revocable Trust and Jinger J. Cozzens Revocable Trust c/o Sean and Jinger Cozzens; P.O. Box 70; Minturn, CO 81645 (970)389-1216. Ruby Spring- Application for Conditional Water Rights (Surface). UTMs: E354763.05686 N4388405.38373 Z13. Appropriation- Aug. 1, 2013. Amount- 2.0 g.p.m, conditional. Uses- domestic use in one single family home and one ADU and irrigation of up to one acre of property. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

26. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this

DECEMBER 2019 RESUME WATER DIVISION 5 PAGE 26 application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW18 (13CW54) EAGLE COUNTY- GOLEC SPRING TRIBUTARY TO RUEDI CREEK TRIBUTARY TO THE FRYING PAN RIVER TRIBUTARY TO THE ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. Andrew & Laurie Soliday; 1400 Ruedi Creek Rd., Basalt, CO 81621 (970)618-6716. Golec Spring & Pipeline-Application for Finding of Reasonable Diligence. Legal description- SE¼ of the SW¼ of Sec. 36, T.7S, R.85W. of the 6th P.M. at a point commencing on the N1/4 corner of Sec. 1, T.8S., R.85W. of the 6th P.M. at a point 1,250 ft. north of the south section line and 2,400 ft. east of the west sec. line of Sec. 36. Appropriation-Feb. 1, 2006. Amount-15.0 g.p.m., conditional. Uses-domestic use for one single family dwelling and one ADU. An outline of work performed during the diligence period is included in the application. Landowner of property on which structure is located: Tom Golec; 15401 Frying Pan Rd., Basalt, CO 81621. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

27. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 19CW19-GARFIELD COUNTY-OVERFLOW AND RELEASES FROM THE CHAMBERLAIN GATHERING RESERVOIR TRIBUTARY TO THE COLORADO RIVER. Edward Chamberlain c/o Nathan Bell; P.O. Box 8; Rifle, CO 81650. (970)948-3153. Chair Bar Ditch and Chair Bar Gathering Reservoir-Application for Absolute Water Rights (Surface) and for Absolute Water Rights (Storage). Chair Bar Ditch-Location: UTMs: E263494 N4381219 Z13; SW¼SW¼ of Sec. 2, T.6S, R.93W. of the 6th P.M. Amount: 1.0 c.f.s., absolute. Uses: irrigation, stock water and wildlife watering. Chair Bar Gathering Reservoir- Location: UTMs: E263494 N4381219 Z13; SW¼SW¼ of Sec. 2, T.6S, R.93W. of the 6th P.M. Amount: 3.02 a.f., absolute. Uses: irrigation, stock water, wildlife watering and fire protection. Appropriation for both structures: April 27, 1921. Landowners of property on which structures are located: Benjamin & Jill Hegwer; 981 Home Ranch Rd.; Rifle, CO 81650 and Dale O. & Gail S. Coombs; 1631 C.R. 293; Rifle, CO 81650. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.