1 in the District Court in and For

Home , Uncompahgre River

IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4 STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4

Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of May 2004.

The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:

1) Case No. 04CW68, David and Melinda Tredway, 332 Bevington Road, Gunnison, CO 81230; Application for Surface Water Rights: TREDWAY WATER PUMP. Located NW ¼ of the SW ¼ of Section 2, Township 49 North, Range 1 West, N.M.P.M. Distance from section lines: 2287 feet from north and 68 feet from west. Source of Water: Gunnison River. Date of Appropriation: 1996; Amount claimed: .0033; Use: Lawn irrigation. GUNNISON COUNTY.

2) Case No. 04CW70, Linda Vendehey, 84340 Highway 50, P.O. Box 131, Cimarron, CO 81220; Application for Storage and Surface Water Rights: KELLY’S ANGUS RESERVOIR. Located NW ¼ SW ¼ Section 22, Township 48 North, Range 6 West, N.M.P.M. Distance from section lines: 1686 feet from south and 341 feet from west. Off-channel reservoir – Kelly’s Ditch, NW ¼ SW ¼ Section 22, Township 48 North, Range 6 West, N.M.P.M. Distance from section lines 1414 feet from south and 370 feet from west. Source of Water: Big Cimarron. Date of appropriation: 5-03-04; Amount claimed: 5 a.f. conditional. Use: Stock water, domestic, irrigation. Additional information: Old historic reservoir. Plan to reconstruct since it has not been used for a while and needs to be rebuilt. Have been using the surface water in ditch for irrigation. MONTROSE COUNTY.

3) Case No. 04CW71, Jill VanDanBerg, 30498 Highway 92, Hotchkiss, CO 81419; Application for Surface Water Rights: VANDENBERG SPRING. Located SE ¼ SW ¼ Section 36, Township 15 South, Range 92 West, 6th P.M. Distance from section lines: 700 feet from south and 2800 feet from east. Source of Water: Smith fork of the Gunnison River. Date of appropriation: 12-20-2003; Amount claimed: 15 gpm conditional; Use: Domestic and yard. DELTA COUNTY.

4) Case No. 04CW72 (Ref. No. 97CW150), Wayne Bower, 1666 Black Canyon Road, P.O. Box 143, Crawford, CO 81415; Application for Finding of Diligence: COYOTE CANYON SPRINGS NO. 4, 5, AND 6. Located SE ¼ SE ¼ Section 23, Township 51 North, Range 7 West, N.M.P.M. Distance from section lines: No. 4 – 10 feet from south and 300 feet from east; No. 5 – 1020 feet from south and 200 feet from east; No. 6 – 970 feet from south and 400 feet from east. Source of Water: Uncompahgre River. Date of Appropriation: September 25, 1997; Amount claimed: .30 c.f.s.; Use: Domestic, stock water, wildlife, and irrigation. 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: I paid $381.74 to West Water associates for a spring development plan. I also had a spring design developed by Jeff Crane a hydrologist from Hotchkiss, CO. I had a surveyor create and record a protected area, about 10 acres, around the springs. MONTROSE COUNTY.

5) Case No. 04CW74, Craig Nichols, 132 Apache Road, Gunnison, CO 81230; Application for Surface Water Rights: CRAIG’S PUMP. Located NE ¼ SW ¼ Section 24, Township 50 North, Range 1 West, N.M.P.M. Distance from section lines: 2575 feet from south and 1990 feet from west. Source of Water: Gunnison River. Appropriation date: July 21, 2003; Amount claimed: .05 c.f.s. absolute; Use: Lawn irrigation. GUNNISON COUNTY.

1 6) Case No. 04CW75 (Ref. No. 97CW143), David G. Taylor, 1206 Howard Street, Delta, CO 81416; Application for Storage Water Rights: UPPER 40 POND. Located NE ¼ SW ¼ Section 16, Township 46 North, Range 9 West, N.M.P.M. Distance from section lines: 1653 feet from south and 1287 feet from west. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Upper 40 Spring. Located NW ¼ SW ¼ Section 16, Township 46 North, Range 9 West, N.M.P.M. Distance from section lines: 1638 feet from south and 1317 feet from west. Source of Water: Uncompahgre River. Appropriation date: August 17, 1998; Amount claimed: .12 a.f. absolute; Use: Irrigation, stock water, and recreation. Finding of Diligence: UPPER 40 SPRING. Located NW ¼ SW ¼ Section 16, Township 46 North, Range 9 West, N.M.P.M. Distance from section lines: 1550 feet from south 850 feet from west. Source of Water: Uncompahgre River. Date of Appropriation: September 12, 1997; Amount claimed: .033 c.f.s.; Use: Stock water, recreation, domestic, and irrigation. 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: Constructed pond, recreational use and fire protection. OURAY COUNTY.

7) Case No. 04CW76, William N Byers, 52189 Amber Road, Delta, CO 81416; Application for Surface Water Rights: NATE SPRING. Located NE ¼ SW ¼ Section 20, Township 51 North, Range 11 West, N.M.P.M. Distance from section lines: 100 feet from south and 130 feet from east. Source of Water: Runs into Wise Creek and the Gunnison River. Date of appropriation: November 15, 2003; Amount claimed: .375 c.f.s. conditional; Use: Irrigated grass pasture and piscatorial use. MONTROSE COUNTY.

8) Case No. 04CW77, Applicant: MacTiernan’s San Juan Guest Ranch, c/o Scott MacTiernan, 2882 Highway 23, Ridgway, CO 81427, 970.626.5360. Name, Address and Telephone number of Attorney for Applicant: Andrew A. Mueller, Reg. No. 26376, PO Box 646, 645 2nd Street, Ouray, CO 81427; Telephone: 970-325-4414. APPLICATION FOR APPROVAL OF AUGUMENTATION PLAN FOR SJR POND. 1. Name of structure to be augmented: SJR Pond. 2. Previous decree for water right to be used for augmentation: Park Ditch A. Date entered: 5/15/1897. B. Case No.: First General Adjudication. C. Court: Water Division No. 4, (Old Water District Number 68). D. Type of water right: Surface. E. Legal description of point of diversion: Decreed point of diversion as stated in the First General Adjudication: “The headgate of the Park Ditch is situated at a point whence the Corner of Sections 26-27- 34 and 35, in Township 45 North of Range 8 West, N.M.P.M. bears North 18º 8’ East 3035.7 feet distant.” F. Source: West Branch of the Uncompahgre River. G. Amount: 0.189 c.f.s. H. Appropriation: 1881 I. Decreed Use: Irrigation, stock water, piscatorial and recreational uses. 3. Historic use: The entire .189 c.f.s. has historically been used to irrigate approximately thirteen (13) acres. The legal description of the acreage that has been historically irrigated is: Lot 2 Scenic View Subdivision, Ouray County, Colorado, according to the recorded plat thereof, located in Section 34, Township 45 North, Range 8 West, N.M.P.M. The approximate historical location of the irrigation use of the water is identified on the attached map. See attached map, Exhibit 1. The Applicant has been using the water for the decreed purposes of irrigation, stock water, piscatorial and recreational uses. 4. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Augmentation of evaporative losses from the SJR Pond has already been achieved by the use of historic irrigation consumptive use credits (C.U.C.). The historic irrigation C.U.C. have already been obtained by removal of the necessary .231 acres, or 10,062.36 square feet, of historically irrigated land. This removal created C.U.C. which are used to off-set the evaporative loss depletions during the irrigation season. Historic consumptive use associated with evaporative loss from the SJR Pond is estimated at .816 AF/A per year. Derivation of this Data is shown on Table 1 attached hereto as Exhibit 2. The consumptive use credits available due to the removal of .231 acres of historically irrigated land totals approximately .816 Acre Feet. The monthly distributions of available consumptive use credits are shown on Table 1, row 6, 2 attached as Exhibit 2. The Applicant has removed .231 acres from historic irrigation under the Park Ditch through by construction of the SJR Pond in June of 1986. Construction of the pond removed approximately 22,500 square feet of historically irrigated property. According to the application in 98CW60, Water Div. 4, the surface area of the high water line of the pond is 22,500 square feet. The approximate location of the Pond on the property is identified on the map, attached as Exhibit 1. The removal of .231 acres from historic irrigation will result in a reduction of the Applicant’s direct flow right in the Park Ditch to .183 c.f.s. 5. Name and address of owner of the land on which structures 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: Applicant is the owner of the land on which the structure is located and where the water is stored and placed to beneficial use. OURAY COUNTY.

9) Case No. 04CW78, John P. Wilson c/o L. Richard Bratton at Bratton & McClow, LLC 232 W. Tomichi Ave., Suite 202, Gunnison, CO 81230. Name of structure: Bent Creek No. 1 Well. Describe conditional water rights: Date of Original Decree: June 23, 1989, Case No.: 88CW182, Court: District Court, Water Division 4. Location: A point in the NW¼NW¼, Section 13, Township 42 North, Range 5 West, N.M.P.M., Hinsdale County, Colorado, at a point which is approximately 870 feet south of the North section line and 235 feet east of the West section line Source: Lake Fork Gunnison River Alluvium. Appropriation Date: May 26, 1898. Use: Domestic use within a thirteen residence subdivision, including lawn and garden irrigation. Depth: 69 feet. Provide a detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: The District Court, Water Division 4 continued the conditional water right of 50 g.p.m. decreed to the Bent Creek No. 1 Well, in full force and effect on May 18, 1998, in Case No. 95CW60. Since the initial drilling of the well in October of 1989, Applicant has installed a pump, installed a ten thousand gallon storage tank, installed water lines and appurtenant taps to each of the thirteen lots, and installed two fire hydrants. The total cost of installing this water collection and distribution system was in excess of $69,000.00. During the most recent diligence period, Applicant has replaced the pump, irrigated trees and 2 acres of grass within the subdivision in order to make the lots within the subdivision more marketable, continuously advertised the lots for sale and sold two lots. If claim to make absolute, Water applied to a beneficial use: Date: October 31, 1989. Amount: 22 g.p.m. Use: Domestic, including lawn and garden irrigation. The system currently pumps 22 g.p.m. from the well to the storage tank. This water is then used for in-house domestic purposes within one residence and to irrigate 1.33 acres of maintained lawn, 2 acres of bluegrass and trees in the subdivision. 6. Description of place of use where water is applied to beneficial use: Bent Creek Subdivision, thirteen single family residential lots located on 30.21 acres in the NW¼NW¼, Section 13, Township 42 North, Range 5 West, N.M.P.M., Hinsdale County, Colorado. Names(s) and address(es) of owner(s) of the 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: Applicant is the owner of the land on which the above referenced structures are located. WHEREFORE, Applicant respectfully requests that this Court make 22 g.p.m. of the conditional water right decreed to Bent Creek No. 1 Well absolute and continue the remaining 28 g.p.m. in full force and effect. HINSDALE COUNTY.

10) Case No. 04CW79, Application for Water Rights (Surface), Name of Applicant: Donald R. Hart and Jane M. Hart, 3500 Clear Fork Road, Crawford, CO 81415, 970-921-5299. Attorney for Applicant: S. Gregg Stanway, P.O. Box 120, Hotchkiss, CO 81419; 970-872-3118. Name of ditch: Horace Spring. Description of each point of diversion: NE 1/2 of the NW 1/4, Section 31, Township 51 N, Range 6 W of the New Mexico Principal Meridian, located 500 feet from the north section line and 1800 feet from the west section line. Source: A tributary of Smith Fork Creek, a tributary of Gunnison River. Date of initiation of appropriation: June 1, 1890. Appropriation was initiated by spring development and irrigation. Date water applied to beneficial use: June 1, 1890. Amount claimed: .7 c.f.s. - absolute. Use or proposed use: Irrigation. Number of acres historically irrigated: Approximately 26 acres. Proposed to 3 be irrigated: Approximately 26 acres. Legal description of acreage: A portion of NE 1/4 of the NW 1/4 of Section 31, and the SW 1/4 of Section 30, Township 51 North, Range 6 West of the New Mexico P.M. lying easterly of Highway 92. Name and address of owner of land on which points of diversion and place of use is located: Donald R. and Jane M. Hart, 3500 Clear Fork Road, Crawford, CO 81415; and Richard and Faye Mott, P.O. Box 301, Mullen, NE 69152. MONTROSE COUNTY.

11) Case No. 04CW80, Michael and Deborah McNeil, 32015 Highway 550 South, Montrose, CO 81401, Larry & Susan Coe, 209 Subhill Road, Montrose, CO 81401; Application for Change of Water Right: TEAGUE DITCH. Located NW ¼ NE ½ NW ½ Section 16, Township 46 North Range 8 West, N.M.P.M., 350 feet south of north line and 1500 feet east of west line as changed by 95CW55. Source of Water: Gunnison River. Appropriation date: May 1, 1882, Amount: .6667 c.f.s., Use: Irrigation. Proposed change: Transfer the above water right to Hayes Teague Ditch for irrigation of applicant’s property. OURAY COUNTY.

12) Case No. 04CW81, Patrick and Linda Rutherford, P.O. Box 1300, Ridgway, CO 81432; Application for Approval of Plan for Underground Water Right, Water Storage Right: TURNER NO. 1. Located NE ¼ SW ¼ Section 9, Township 46 North, Range 8 West, N.M.P.M. Distance from section lines: 1700 feet from the south and 1700 feet from the west section lines. Source of Water: Uncompahgre River – Dakota Sandstone Aquifer. Appropriation date: 3-18-2002; Amount claimed: 15 gpm, 2.5 a.f./yr absolute; Use: Irrigation, lawns and gardens, domestic, fish pond, wildlife. Remarks: Monitoring well to be converted to production well. Water will be used for domestic uses, stored in a small (1000 ft²) lined fish raring pond, and used for irrigation of not more than 1 acre of lawn, garden, and landscaping. Return flow of domestic water will be by septic system. Application for Water Storage Rights: TURNER FISH POND. Located NE ¼ SW ¼ Section 9, Township 46 North, Range 8 West, N.M.P.M. Distance from section lines: 1720 feet from the south and 1700 feet from the west section lines. Appropriation date: June 2002. Amount claimed: a) 0.1 a.f. absolute; b) if off-channel reservoir, rate of diversion in cfs for filling the reservoir: 0.033 cfs absolute. Use: irrigation. Application for Approval of Plan for Augmentation: TURNER NO. 1. Located NE ¼ SW ¼ Section 9, Township 46 North Range 8 West, N.M.P.M., 1700 feet from the south and 1700 feet from the west section lines. Source of Water Turner Well No. 1, Dakota Sandstone Aquifer. Amount: 15 gpm; Appropriation: 2.5 a.f. per year. Decreed use: Domestic in house supply, fish pond, livestock, wildlife, irrigation of 1 acre lawn and garden. Historic Use: Well constructed in 2002. Water will be used upon adjudication and receipt f production of well permit. Totalizing flow meter will be installed and monitored for water production. Statement of plan for augmentation: Consumptive use for domestic use (15%) will total 0.33 af/yr. Evaporative losses from small 100 ft²) fish pond will total 0.10 af/yr. Consumptive use by 1.0 acre of lawn and garden will total 1.5 af/yr. Total consumptive use will be 2.0 af/yr. or less. Applicant will enter into a Purchase Agreement with Tri-County Water Conservancy District for purchase of 2.0 af/yr. of Augmentation water from Ridgway Reservoir to be released at the direction Division of Water Resources Staff. OURAY COUNTY.

13) Case No. 04CW82, James E. Flowers & Rayma J. Flowers, 62687 Jay Jay Road , Montrose, CO 81401; Application for Surface Water Rights: COYOTE DITCH. Located SE ¼ SW ¼ of Section 3, Township 44 North, Range 10 West, N.M.P.M. Distance from section lines 143 feet from south and 2413 feet from west. Source of Water: San Miguel River. Appropriation date: November 13, 1889; Amount claimed: 1.5 c.f.s.; Use: Stock, irrigation. SAN MIGUEL COUNTY.

14) Case No. 04CW83 (Ref. No. 98CW12), Wing Shadow Ranch, LLC, Attn: Tom Colander, P.O. Box 249, Redvale, CO 81431, (970) 327-4678. Application for Finding of Diligence: WING SHADOW WELL NO. 1. Located SE ¼ NE ¼ of Section 35, Township 44 North, Range 13 West, N.M.P.M. Distance from section lines: 1,650 feet south from north and 810 feet west from east. Source of Water: 4 The source of the well is groundwater tributary to Maverick Draw, tributary to the San Miguel River. Max Depth of the well is 245 feet. Appropriation date: January 30, 1998; Amount: 0.11 c.f.s. (50 pgm) conditional. Use: Commercial use at guest ranch, irrigation (an average of 2,000 sq. ft. (.05 acre) of lawn, garden and landscaping around ranch facilities), livestock watering, augmentation, and filling of still water pond. Attachment A for Wing Shadow Ranch. 4. The following has been completed toward the appropriation and application of water to a beneficial use as conditionally decreed, including expenses. A. The augmentation plan and approval from the District Court, Water Division 4, Colorado for temporary decree. B. The engineering and construction plan of still water pond. C. Bids from construction company to build still water pond. D. An assessment of Wing Shadow Ranch business plan to determine maximum return on current water use and available budgeted dollars. E. Completion of Exempt commercial well at Wind Shadow Ranch. F. Maintenance of Wing Shadow Well No. 1. Replacement of the well pump and mineral regulating system. G. Filling Still Water Pond with Wing Shadow Well No. 1 during the recent drought years was not a good idea or advisable, so the construction has been delayed. Operation is continuing under the exempt commercial well. Expenses Total: $8,463.46 (does not include staff time.) SAN MIGUEL COUNTY.

15) Case No. 04CW84, DELLA MAY FELLIN, c/o Andrew A. Mueller, Reg. No. 26376, The Tisdel Law Firm, P.C., Attorney for Applicant, PO Box 646, Ouray, CO 81427, (970) 325-4414; APPLICATION FOR CHANGE OF WATER RIGHT; 1. Name of Structure: Miller Branch Ditch; 2. From previous Decree: Date Entered: 05/15/1897 and 05/11/1942, Case No. 939 and 1959; Court: Water Court for District 68; Decreed point of diversion: NW ¼, Section 11, Township 44 North, Range 8 West, N.M.P.M. The headgate is located on the West Bank of the West Arm of the Uncompahgre River at a point whence the SE Corner of the SW¼ of Section 3, Township 44 North of Range 8 bears North 58º 30’ West 1780 feet in Ouray County, State of Colorado; Source: West Arm of the Uncompahgre River; Appropriation Date: 05/01/1877 Amount: 1 c.f.s. in Original Adjudication and 2 c.f.s. in Fourth General Adjudication; Historic use: Irrigation; 3. Proposed change: The only change applied for herein is the Alternate Point of Diversion. Applicant will continue irrigating historically irrigated lands, there is no expansion of use. There are no intervening water rights. Applicant believes no senior nor junior water rights holders will be harmed as a result of this application. Location of alternate point of diversion: SE¼SE¼, Section 3, Township 44 North, Range 8 West, N.M.P.M., Ouray County, State of Colorado; Distance from section lines: 1250 feet North of the South line and 400 feet West of the East line and also described by the following UTM coordinates: Northing = 0261624, Easting = 4219105 (Map showing location of alternate point of diversion attached to the original Application); 4. Name(s) and address(es) of owner(s) of the 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: Della May Fellin, 615 Heather Lane, Montrose, CO 81401. OURAY COUNTY.

16) Case No. 04CW85, CHARLES P. HUGHES, c/o Andrew A. Mueller, Reg. No. 26376, The Tisdel Law Firm, P.C., Attorney for Applicant, PO Box 646, Ouray, CO 81427, (970) 325-4414; APPLICATION FOR SURFACE AND STORAGE RIGHTS; 1. Name of Structure: Rhubarb Spring and Pipeline; 2. Legal Description of each point of diversion: SE¼SW¼, Section 12, Township 42 North, Range 11 West, N.M.P.M., San Miguel County, Colorado; Distance from section line: 450 feet north of the south section line and 1200 feet east of the west section line of said Section12; 3. Source: Spring tributary to Fall Creek, tributary to the San Miguel River; 4. Date of initiation of appropriation: June 1, 1988; 5. How Appropriation was initiated: Construction and installation of a water delivery pipeline to transport water to the Lower C.P.H. Pond; 6. Date water applied to beneficial use: June 1, 1988; 7. Amount claimed: 0.445 cfs (20 gpm), absolute, for irrigation and recreation; 8. Use or proposed use: Irrigation; Number of acres historically irrigated: 40 acres; Proposed to be irrigated: 40 acres; the Spring is used to fill the Lower C.P.H. Pond, from which approximately forty (40) acres are irrigated; legal description of acreage to be irrigated: Portions of the NW¼NW¼ of Section 12, the SW¼SW¼, NW¼SW¼, 5 NE¼SW¼and the SE¼SW¼ of Section 1, all in Township 42 North, Range 11 West, N.M.P.M., San Miguel County, State of Colorado. (See Figure 1 attached to the original Application); the non-irrigation use is for recreation and piscatorial; 9. Name(s) and address(es) of owner(s) of the land upon which any 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: Elk Creek Land Company, LLC, c/o Scott J. Hughes, 65891 Solar Road, Montrose, CO 81401; 10. Name of Reservoir: Upper C.P.H. Pond; 11. Legal description of location of dam: NE¼NW¼, Section 12, Township 42 North, Range 11 West, N.M.P.M., San Miguel County, State of Colorado; Distance from section lines: 825 feet south of the north section line and 1452 feet east of the west section line of said Section 12; the pond is filled by runoff; 12. Date of initiation of appropriation: June, 1992; How appropriation was initiated: Appropriation initiated by construction of the pond; Date water applied to beneficial use: June, 1992; 13. Amount claimed: 5.0 acre-feet, absolute; 14. Use: Irrigation; Number of acres historically irrigated: 40; Total number of acres proposed to be irrigated: 40; Legal description of acreage irrigated or to be irrigated: Portions of the NW¼NW¼ of Section 12, the SW¼SW¼, NW¼SW¼, NE¼SW¼and the SE¼SW¼ of Section 1, all in Township 42 North, Range 11 West, N.M.P.M., San Miguel County, State of Colorado. (See Figure 1 attached to the original application); Non-irrigation uses: Recreation, piscatorial, wildlife habitat and watering and fire protection. 15. Surface area of high water line: 1.00 acre; A. Maximum height of dam in feet: Less than 10 feet; B. Length of dam in feet: Pond is primarily an excavated structure; estimated length of dam is 528 feet; 16. Total capacity of reservoir in acre feet: 5.0 acre-feet; Active capacity: 5.0 acre-feet; Dead storage: 0.0 acre feet; 17. Name(s) and address(es) of owner(s) of the land upon which any 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. Applicant; 18. Name of Reservoir: Middle C.P.H. Pond; 19. Legal description of location of dam: NE¼NW¼, Section 12, Township 42 North, Range 11 West, N.M.P.M., San Miguel County, State of Colorado; Distance from section lines; 190 feet south of north section Line and 1584 feet east of west section line of said Section 12; the pond is filled by runoff; 20. Date of initiation of appropriation: June, 1992; How appropriation was initiated: Appropriation initiated by enlargement of historic pond; Date water applied to beneficial use: June, 1992; 21. Amount claimed: 1.5 acre-feet, absolute; the pond is filled by runoff; 22. Use: Irrigation; Number of acres historically irrigated: 40; Total number of acres proposed to be irrigated: 40; Legal description of acreage irrigated or to be irrigated: Portions of the NW¼NW¼ of Section 12, the SW¼SW¼, NW¼SW¼, NE¼SW¼and the SE¼SW¼ of Section 1, all in Township 42 North, Range 11 West, N.M.P.M., San Miguel County, State of Colorado. (See Figure 1 attached to the original application); Non-irrigation uses: Recreation, piscatorial, wildlife habitat and watering and fire protection; 23. Surface area of high water line: 1.50 acre; Maximum height of dam in feet: Approximately 5 feet; Length of dam in feet: Pond is primarily an excavated structure; estimated length of dam is 435 feet; 24.Total capacity of reservoir in acre feet: 1.5 acre-feet; Active capacity: 0.0 acre-feet Dead storage: 1.5 acre feet; 25. Name(s) and address(es) of owner(s) of the land upon which any 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. Applicant 26. Name of Reservoir: Lower C.P.H. Pond; 27. Legal description of location of dam: SE¼SW¼, Section 1, Township 42 North, Range 11 West, N.M.P.M., San Miguel County, State of Colorado; Distance from section lines; 264 feet north of south section Line and 1716 feet east of west section line of said Section 1; Pond will be filled/maintained by inflow from a new surface water right being applied for concurrently in the Rhubarb Spring and from run-off and precipitation. The Rhubarb Pipeline flows into the Lower C.P.H. Pond. (Map attached as Figure 1 to the original application); 28. Point of Diversion for Rhubarb Spring: SE¼SW¼, Section 12, Township 42 North, Range 11 West, N.M.P.M., San Miguel County, State of Colorado; Distance from section lines: 450 feet north of the south section line and 1200 feet east of the west section line of said Section12; 29. Source: Rhubarb Spring and Pipeline, and runoff; 30. Date of initiation of appropriation: June 1, 1988; How appropriation was initiated: Appropriation initiated by enlargement of historic pond; Date water applied to beneficial use: June 1, 1988; 31. Amount claimed: 5.0 acre-feet, absolute; Rate of diversion in c.f.s. for filling pond: Up to 0.044 c.f.s. from the Rhubarb Spring and Pipeline, absolute, 6 which flows into the Lower C.P.H. Pond, as well as from runoff; 32. Use: Irrigation; Number of acres historically irrigated: 40; Total number of acres proposed to be irrigated: 40; Legal description of acreage irrigated or to be irrigated: Portions of the NW¼NW¼ of Section 12, the SW¼SW¼, NW¼SW¼, NE¼SW¼and the SE¼SW¼ of Section 1, all in Township 42 North, Range 11 West, N.M.P.M., San Miguel County, State of Colorado. (See Figure 1 attached to the original application); Non-irrigation uses: Recreation, piscatorial, wildlife habitat and watering and fire protection; 33. Surface area of high water line: 4.00 acres; Maximum height of dam in feet: Approximately 9 feet; Length of dam in feet: Pond is primarily an excavated structure; estimated length of dam is 660 feet; 34. Total capacity of reservoir in acre feet: 10.0 acre-feet; Active capacity: 0.0 acre-feet; Dead storage: 10.0 acre feet; 35. Comments: The inflow from the Rhubarb Spring and Pipeline, as well as runoff, can be diverted and prevented from filling the Lower, Middle and Upper C.P.H. Ponds. Therefore, there is no need for full drainage capability; 36. Name(s) and address(es) of owner(s) of the land upon which any 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. Applicant. SAN MIGUEL COUNTY.

17) Case No. 04CW86, Nancy G. Fry Revocable Trust, Gary A. Atwood, Johnnie F. Atwood, Jim Wood, Helen Wood, and Caroline Graupman c/o John H. McClow, Bratton & McClow, LLC, 232 W. Tomichi Ave., Suite 202, Gunnison, CO 81230. Names of structures: Fry-Wood-Graupman Well Field and Fry-Atwood Well Field. CLAIM NO. 1 - WATER RIGHTS Fry-Wood-Graupman Well Field. The Fry-Wood-Graupman Well Field will consist of four wells. Applicants will apply for well permits after the decree is issued in this case. Legal Description of Point of Diversion: Within the Fry-Wood Graupman Property, a tract of land containing 28.51 acres, located in Township 50 North, Range 1 East, N.M.P.M., Section 8: SW¼ NE¼, SE¼NE¼, NW¼SE¼; in Gunnison County. Source: Groundwater tributary to Gunnison River. Date of Initiation of Appropriation: January 5, 2001. How Appropriation was initiated: Formation of intent to appropriate, onsite reconnaissance, location of points of diversion and development of plan for augmentation. Amount Claimed: 60 gpm conditional; diversion through four new wells in the Fry-Wood-Graupman Well Field. Proposed Use: Domestic and irrigation. Proposed lawn and garden irrigation of approximately 0.46 acres (up to 5,000 square feet of lawn and garden on each of four individual homesites) located in the SW¼NE¼, SE¼NE¼ and NW¼SE¼, Section 8, Township 50 North, Range 1 East, N.M.P.M. CLAIM NO. 2 - WATER RIGHTS Fry-Atwood Well Field. The Fry-Atwood Well Field will consist of two wells. Applicants will apply for well permits after the decree is issued in this case. Legal Description of Point of Diversion: Within the Fry-Atwood Property, a tract of land containing approximately 31.54 acres, located in Township 50 North, Range 1 East, N.M.P.M., Section 8: NW¼SE¼ and SW¼ NE¼; in Gunnison County. Source: Groundwater tributary to Gunnison River. Date of Initiation of Appropriation: January 5, 2001. How Appropriation was initiated: Formation of intent to appropriate, onsite reconnaissance, location of points of diversion and development of plan for augmentation. Amount Claimed: 30 gpm conditional; diversion through two new wells in the Fry-Atwood Well Field. Proposed Use: Domestic and irrigation. Proposed lawn and garden irrigation of approximately 0.23 acres (up to 5,000 square feet of lawn and garden on each of two individual homesites) located in the NW¼SE¼ and SW¼NE¼ of Section 8, Township 50 North, Range 1 East, N.M.P.M. Applicants are the owners of the land upon which any 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. CLAIM NO. 3 - PLAN FOR AUGMENTATION Fry-Wood-Graupman Well Field. Name of structures to be augmented: Four new wells located within the Fry-Wood-Graupman Well Field. Applicants will apply for well permits after the decree is issued in this case. Previous decrees for water rights to be used for augmentation: Marshall No. 2 Ditch. Date entered: September 14, 1906. Case No.1325. Court: District Court, Water District No. 59. Type of water right: Surface. Legal description of point of diversion: East bank of the Gunnison River at a point from which the Northwest corner of Section 8, Township 50 North, Range 1 East of the New Mexico Principal Meridian bears North 48º 24' West 480 feet. Source: Gunnison River. Amount: 1.071 cfs absolute. Appropriation: May 15, 1888. Decreed use: Irrigation of a portion of 470 acres lying under 7 said ditch. Historical use: See Figure 2 for approximate location of historical use of the water right; see Table 5 for records of actual diversions. Statement of plan for augmentation, covering all applicable matters under § 37-92-103(9), § 37-92-302(1) and (2) and § 37-92-305(8). The plan for augmentation will provide a legal water supply to serve the potable water demand for four proposed single-family residential units. The project will be served by wells, which divert from alluvial groundwater tributary to the Gunnison River. Out-of-priority depletions will be augmented by historical consumptive use credits and a contract for storage releases from Blue Mesa Reservoir. The plan assumes that each of the residential units will divert 350 gallons per day. Wastewater will be treated through individual sewage disposal systems. The ISDS depletion to the Gunnison River is assumed to be 15%. Lawn and garden irrigation will be limited by protective covenants to 5,000 square feet per residential unit; therefore, total landscape irrigation through domestic wells will be limited to 0.46 acres. Consumptive use of lawn irrigation is assumed to be 2.01 acre-feet per acre and the irrigation efficiency is estimated at 80%. All out-of-priority depletions resulting from diversion from the well field will be augmented in quantity and in time using consumptive use credits from the cessation of irrigation of land under the Marshall No. 2 Ditch and releases from storage of contract water in Blue Mesa Reservoir. The proposed project depletions are balanced with the historical consumptive use credits and releases from storage as shown on Table 8A. Approximately two acres of dry-up under the Marshall No. 2 Ditch are required to balance the irrigation season depletions from May 1 through September 30, and approximately 0.2 acre-feet of Blue Mesa Reservoir storage water is required to provide for the remainder of the irrigation season depletions and to balance non-irrigation season depletions. Water rights in the Marshall No. 2 Ditch have been used to consistently irrigate approximately 12.3 acres of the Fry-Wood-Graupman property. 0.163 cfs of the 1.071 cfs decreed to the Marshall No. 2 Ditch under Priority No. 67 will be dedicated to the plan for augmentation. Applicants will obtain a contract for 0.5 acre-feet of storage water in Blue Mesa Reservoir from the Bureau of Reclamation or the Upper Gunnison River Water Conservancy District. CLAIM NO. 3 - PLAN FOR AUGMENTATION Fry-Atwood Well Field Name of structures to be augmented: Two new wells located within the Fry-Atwood Well Field. Previous decrees for water rights to be used for augmentation: Wilson No. 2 Ditch. Date entered: September 14, 1906. Case No.1325. Court: District Court, Water District No. 59. Type of water right: Surface. Legal description of point of diversion: East bank of the Gunnison River at a point whence the East quarter corner of Section 8, Township 50 North, Range 1 East of the New Mexico Principal Meridian bears South 10º 18' East 1193 feet. Source: Gunnison River. Amount: 0.833 cfs absolute. Appropriation: April 20, 1900. Decreed use: Irrigation of a portion of 45 acres lying under said ditch. Historical use: See Figure 2 for approximate location of historical use of the water right; see Table 6 for records of actual diversions. Statement of plan for augmentation, covering all applicable matters under § 37-92-103(9), § 37-92-302(1) and (2) and § 37-92- 305(8). The plan for augmentation will provide a legal water supply to serve the potable water demand for two proposed single-family residential units. The project will be served by wells, which divert from alluvial groundwater tributary to the Gunnison River. Out-of-priority depletions will be augmented by historical consumptive use credits and a contract for storage releases from Blue Mesa Reservoir. The plan assumes that each of the residential units will divert 350 gallons per day. Wastewater will be treated through individual sewage disposal systems. The ISDS depletion to the Gunnison River is assumed to be 15%. Lawn and garden irrigation will be limited by protective covenants to 5,000 square feet per residential unit; therefore, total landscape irrigation through domestic wells will be limited to 0.23 acres. Consumptive use of lawn irrigation is assumed to be 2.01 acre-feet per acre and the irrigation efficiency is estimated at 80%. All out-of-priority depletions resulting from diversion from the well field will be augmented in quantity and in time using consumptive use credits from the cessation of irrigation of land under the Wilson No. 2 Ditch and releases from storage of contract water in Blue Mesa Reservoir. The proposed project depletions are balanced with the historical consumptive use credits and releases from storage as shown on Table 8B. Approximately one acre of dry-up under the Wilson No. 2 Ditch are required to balance the irrigation season depletions from May 1 through September 30, and approximately 0.1 acre-feet of Blue Mesa Reservoir storage water is required to provide for the remainder of the 8 irrigation season depletions and to balance non-irrigation season depletions. Water rights in the Wilson No. 2 Ditch have been used to consistently irrigate approximately 22.5 acres of the Fry-Atwood property. 0.037 cfs of the 0.833 cfs decreed to the Wilson No. 2 Ditch under Priority No. 134 will be dedicated to the plan for augmentation. Applicants will obtain a contract for 0.5 acre-feet of storage water in Blue Mesa Reservoir from the Bureau of Reclamation or the Upper Gunnison River Water Conservancy District. Applicants are the owners of the land upon which any 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. GUNNISON COUNTY.

18) Case No. 04CW87, APPLICATION FOR CHANGE OF WATER STORAGE RIGHT. Applicant: City of Delta, P.O. Box 19, Delta, CO 81416, 970-874-7566. Attorneys for Applicant: John R. Kappa, City Attorney for City of Delta, P.O. Box 19, Delta, CO 81416 (970) 874-7566; and James D. Brown of Brown, Schottelkotte & Tweedell, P.O. Box 43, Delta, CO 81416 (970) 874-4451. Structure: Burnett Reservoir. Legal Description from Original Decree: Initial point located on the Forked Tongue Creek Drainage system in Delta County, Colorado, on the southern slope of Grand Mesa and in Water District No. 40. Source: Doughspoon Creek, a tributary of the Gunnison River, via Forked Tongue Creek. Adjudication date: September 28, 1907. Appropriation date: April 13, 1903. Case No. 457, District Court. How appropriation initiated: filing a Statement of Claim. Date water applied to beneficial use: Early 1900's. Amount decreed: 10 acre feet. Original Use: Agricultural. Additional Uses: Municipal and domestic, by decree entered in Case No. 3724, District Court for Delta County. Proposed Change of Water Right: Applicant seeks change in decreed initial point of storage to conform to historic practice of storing water under the Burnett Reservoir decree in Delta City Reservoir No. 2, also known as Burnett Reservoir. New Legal Description: Initial point at a point located in Section 28, Township 13 South, Range 96 West, 6th P.M. 800 feet west of the East line of said Section 28 and 1335 feet south of the North line of said Section 28 (GPS coordinates: 38º53'48.33 N, 108º07'20.8 W). See map attached to application. Name and address of owner of land on which structure is located, upon which water is or will be stored, and upon which water is or will be applied to beneficial use: Structure is located on National Forest lands owned the United States of America. Address: Forest Supervisor, GMUG National Forest, U.S. Forest Service, 2250 Highway 50, Delta, CO 81416; Applicant is owner of the municipal water system where water is and will be put to beneficial use. Applicant requests a decree changing the description of the point of storage for Burnett Reservoir to Delta City Reservoir No. 2, also known as Burnett Reservoir to the New Legal Description specified in the application. DELTA COUNTY.

19) Case No. 04CW88, Earl E. Partch and Francis Partch c/o John H. McClow, Bratton & McClow, LLC, 232 W. Tomichi Ave., Suite 202, Gunnison, CO 81230. Decreed name of structure for which change is sought: Palisades Ditch. Previous decrees: Decree in Case No. 2021, Gunnison County District Court dated April 29, 1941, Ditch No. 171, Priority No. 399, Water District 59, for not to exceed 4.625 cubic feet of water per second of time out of the Gunnison River, appropriation date April 26, 1904, headgate located on the East bank of the Gunnison River at a point whence the East Quarter Corner of Section 35, Township 50 North, Range 1 West, New Mexico Principal Meridian, bears South 80º West 1,640 feet. The Applicant proposes the following changes: Applicant owns 1.0 cubic feet per second of the water decreed to the Palisades Ditch under Priority No. 399. Applicant proposes to change the point of diversion for said 1.0 c.f.s to the point of diversion decreed to the Wild Wood Park Ditch, Ditch No. 11, Priority No. 11, Water District 59 in order to irrigate the lands historically irrigated more efficiently. The Palisades Ditch and the Wild Wood Park Ditch presently divert water from the Gunnison River at the same point of diversion through a headgate located on the East bank of the Gunnison River approximately 1,625 feet from the West section line and 1,250 feet from the North section line, Section 35, Township 50 North, Range 1 West, New Mexico Principal Meridian. The same land will be irrigated under this proposed change of water rights. Name and address of owner of the land on which structures are located, and will be placed to beneficial use: Applicant, see paragraph 1. In Case No. W-2272, Applicant obtained 9 a decree for an alternate point of diversion for 0.111 c.f.s. of Applicant’s 1.0 c.f.s. originally decreed to the Palisades Ditch to a well head located in the NW¼NW¼, Section 2, Township 49 North, Range 1 West, N.M.P.M., approximately 1,295 feet from the North Section line and 650 feet from the West Section line. Applicant will plug, seal and abandon said well. GUNNISON COUNTY.

20) Case No. 04CW89, Ward Creek, Tongue Creek, Upper Eggleston Lake, Kiser Creek, Arch Slough and Skinned Horse Reservoir, all tributary to the Gunnison River. JJAK FAMILY, LLC d/b/a ALEXANDER LAKE LODGE, c/o Edward B. Olszewski, Esq., and Nicole D. Garrimone, Esq., Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. APPLICATION FOR UNDERGROUND WATER RIGHTS, FOR SURFACE WATER RIGHT AND FOR APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING EXCHANGE. First Claim; Application for Underground Water Rights. Name of Structure: JJAK Well No. 1 (West Well). Location: The JJAK Well No. 1 will be located in the SW1/4 NW1/4 of Section 1, Township 12 South, Range 95 West of the 6th P.M. at a point 900 feet east of the west section line and 1725 feet south of the north section line of said Section 1. Source: Groundwater tributary to an unnamed tributary of Ward Creek, tributary to Tongue Creek, tributary to the Gunnison River. Date of appropriation: August 1, 2003. How was appropriation was initiated: By formation of intent to expand Alexander Lake Lodge facilities, field inspection and staking of proposed well location, and formation of intent to appropriate water. Date water applied to beneficial use: N/A. Amount Claimed: 0.11 c.f.s. (50 g.p.m.), conditional. Proposed Uses: Domestic, irrigation, commercial, recreation, fire protection and stock watering. Number of acres historically irrigated: N/A Total area proposed to be irrigated: 8,000 square feet of lawns and gardens (total for all water rights). Legal description of the land irrigated: 8,000 square feet of land within the Applicant’s property. If non- irrigation, describe purpose fully: Domestic, commercial, recreation, fire protection and stock watering purposes. Well Permit: Once a decree is issued in this case, an application for a well permit for this well will be submitted to the Colorado Division of Water Resources consistent with the amounts and uses to be decreed for Well No. 1 in this case. Name and address of owner of land upon which the structure is located: Applicant. Remarks: The combined use of groundwater from this well, the JJAK Well No. 2, the Alexander Lake Lodge Well, and the JJAK Spring shall not exceed 21.7 acre-feet annually. The total irrigated land from the combined use of all of the water rights described herein is 8,000 square feet. Name of Structure: JJAK Well No. 2 (East Well). Location: The JJAK Well No. 2 will be located in the SE1/4 NW1/4 of Section 1, Township 12 South, Range 95 West of the 6th P.M. at a point 1520 feet east of the west section line and 1730 feet south of the north section line of said Section 1. Source: Groundwater tributary to an unnamed tributary of Ward Creek, tributary to Tongue Creek, tributary to the Gunnison River. Date of appropriation: August 1, 2003. How was appropriation was initiated: By formation of intent to expand Alexander Lake Lodge facilities, field inspection and staking of proposed well location, and formation of intent to appropriate water. Date water applied to beneficial use: N/A. Amount Claimed: 0.11 c.f.s. (50 g.p.m.), conditional. Proposed Uses: Domestic, irrigation, commercial, recreation, fire protection and stock watering. Number of acres historically irrigated: N/A. Total area proposed to be irrigated: 8,000 square feet of lawns and gardens (total for all water rights). Legal description of the land irrigated: 8,000 square feet of land within the Applicant’s property. If non-irrigation, describe purpose fully: Domestic, commercial, recreation, fire protection and stock watering purposes. Well Permit: Once a decree is issued in this case, an application for a well permit for this well will be submitted to the Colorado Division of Water Resources consistent with the amounts and uses to be decreed for Well No. 2 in this case. Name and address of owner of land upon which the structure is located: Applicant. Remarks: The combined use of groundwater from this well, the JJAK Well No. 1, the Alexander Lodge Well and the JJAK Spring shall not exceed 21.7 acre-feet annually. The total irrigated land from the combined use of all of the water rights described herein is 8,000 square feet. Name of Structure: Alexander Lodge Well. Location: The Alexander Lodge Well is located in the SW1/4 NW1/4 of Section 1, Township 12 South, Range 95 West of the 6th P.M. at a point 1175 feet east of the west section line and 1700 feet south of the north section line of said Section 1. Source: Groundwater tributary to an unnamed tributary of Ward 10 Creek, tributary to Tongue Creek, tributary to the Gunnison River. Date of appropriation: For conditional uses: August 1, 2003. For absolute uses: July 31, 1970. How was appropriation was initiated: For conditional uses: By formation of intent to expand Alexander Lake Lodge facilities, field inspection and staking of proposed well location, and formation of intent to appropriate water. For absolute uses: By formation of intent to appropriate water and commencement of actual well construction. Date water applied to beneficial use: For conditional uses: N/A. For absolute uses: August 7, 1970. Amount Claimed: 0.11 c.f.s. (50 g.p.m.), total: 0.088 c.f.s. conditional; and 0.022 c.f.s. absolute. Conditional Uses: Domestic, irrigation, commercial, recreation, fire protection and stock watering. Number of acres historically irrigated: N/A. Total area proposed to be irrigated: 8,000 square feet of lawns and gardens (total for all water rights). Legal description of the land irrigated: 8,000 square feet of land within the Applicant’s property. If non-irrigation, describe purpose fully: Domestic, commercial, recreation, fire protection and stock watering uses. Absolute Use: Domestic, in-house use. If non-irrigation, describe purpose fully: Domestic in-house use for a lodge and cabins. Well Permit: The Alexander Lodge Well is currently permitted as Colorado Division of Water Resources Well Permit No. 42243, which has a permitted pumping rate of 10 g.p.m. for domestic use. Once a decree is issued in this case, an application for a well permit for the expanded uses of this well will be submitted to the Colorado Division of Water Resources. Name and address of owner of land upon which the structure is located: Applicant. Remarks: The Alexander Lodge Well has historically provided water for the Alexander Lake Lodge and eight cabins, and Applicant will continue to use water from the Well for those purposes under this Application. The combined use of groundwater from the Alexander Lodge Well, as described herein, the JJAK Well No. 1, the JJAK Well No. 2 and the JJAK Spring shall not exceed 21.7 acre-feet annually. The total irrigated land from the combined use of all of the water rights described herein is 8,000 square feet. Second Claim; Application for Surface Water Right. Name of Structure: JJAK Spring. Location: The JJAK Spring is located in the SW1/4 NW1/4 of Section 1, Township 12 South, Range 95 West of the 6th P.M. at a point 1000 feet east of the west section line and 1650 feet south of the north section line of said Section 1. Source: An unnamed tributary of Ward Creek, tributary to Tongue Creek, tributary to the Gunnison River. Date of appropriation: August 1, 2003. How was appropriation was initiated: By formation of intent to expand Alexander Lake Lodge facilities, field inspection and staking of spring location, and formation of intent to appropriate water. Date water applied to beneficial use: N/A. Amount Claimed: 0.11 c.f.s. (50 g.p.m.), conditional. Proposed Uses: Domestic, irrigation, commercial, recreation, fire protection and stock watering. Number of acres historically irrigated: N/A. Total area proposed to be irrigated: 8,000 square feet of lawns and gardens (total from all water rights). Legal description of the land irrigated: 8,000 square feet of land within the Applicant’s property. If non-irrigation, describe purpose fully: Domestic, commercial, recreation, fire protection and stock watering purposes. Name and address of owner of land upon which the structure is located: Applicant. Remarks: The combined use of water from this Spring, the JJAK Well No. 1, as more fully described in Paragraph 2 above, the JJAK Well No. 2, as more fully described in Paragraph 3 above, and the Alexander Lodge Well, as more fully described in Paragraph 4 above, shall not exceed 21.7 acre-feet annually. The total irrigated land from the combined use of all of the water rights described herein is 8,000 square feet. Third Claim; Application for Approval of Plan for Augmentation. Structures to be Augmented: (collectively referred to as the “Augmented Water Rights”): JJAK Well No. 1, JJAK Well No. 2, Alexander Lodge Well, and the JJAK Spring. Water Rights to be Used for Augmentation: Applicant has applied for a contract with the Grand Mesa Water Conservancy District (“GMWCD”) for the delivery of reservoir storage water to replace out- of-priority depletions associated with use of water from the Augmented Water Rights. Prior to the entry of a ruling or decree, Applicant will provide evidence to the Court of the application for a contract for the amount of augmentation storage water required for the plan to replace out-of-priority depletions, plus five percent (5%) to cover transit losses. The GMWCD’s augmentation water supply sources are described below. The GMWCD is the co-owner of a conditional water right for the storage of 29,000 acre feet of water in the Cactus Park Reservoir, originally decreed on January 31, 1964 in Case No. 4808, Delta County District Court, and amended by decree entered on December 13, 1972 in Case No. W-586, 11 District Court, Water Division 4. The water right was originally decreed for irrigation, fishing, recreation, municipal, domestic, stock water and storage uses. In Case Nos. 97CW131, 01CW23 and 02CW09, District Court, Water Division 4, the GMWCD obtained changes of water rights to store a portion of its Cactus Park Reservoir rights at alternate places of storage and for additional uses as follows: Upper Eggleston Lake: In Case No. 97CW131, the GMWCD obtained a change of water right to store up to 375.84 acre feet in the Upper Eggleston Lake from an alternate source of supply. In Case No. 01CW23, the decreed uses for the water rights stored in the Upper Eggleston Lake were changed to allow direct use for all of the decreed uses or to allow such uses by augmentation, replacement and exchange. Location: The center of the dam for Upper Eggleston Lake is located approximately 4200 feet east of the East Section Line of Section 36, Township 11 South, Range 95 West, 6th P.M., and 1600 feet north of the North Section Line of Section 6, Township 12 South, Range 94 West, 6th P.M. Source of supply: Natural runoff occurring above Upper Eggleston Lake, and Kiser Creek, tributary to Tongue Creek, tributary to the Gunnison River. Arch Slough: In Case No. 97CW131, the GMWCD obtained a change of water right to store up to 97.6 acre feet in the Arch Slough from an alternate source of supply. In Case No. 01CW23, the decreed uses for the water rights stored in the Arch Slough were changed to allow direct use for all of the decreed uses or to allow such uses by augmentation, replacement and exchange. Location: The center of the dam for Arch Slough is located approximately 1350 feet west of the East Section Line and 1250 feet south of the North Section Line of Section 2, Township 12 South, Range 95 West, 6th P.M. Source of supply: Natural runoff occurring above Arch Slough, and Ward Creek, tributary to Tongue Creek, tributary to the Gunnison River. Skinned Horse Reservoir: In Case No. 02CW09, the GMWCD obtained a change of water right to store up to 92.7 acre feet in the Skinned Horse Reservoir from a new source of supply. In the same case, the decreed uses for the water rights changed to the Skinned Horse Reservoir were changed to allow direct use for all of the decreed uses or to allow such uses by augmentation, replacement and exchange. Location: The center of the dam for Skinned Horse Reservoir is located approximately 750 feet west of the East Section Line and 1,300 feet north of the South Section Line of Section 2, Township 12 South, Range 95 West, 6th P.M. Source of supply: Natural runoff occurring above Skinned Horse Reservoir, which water is tributary to Ward Creek, tributary to Tongue Creek, tributary to the Gunnison River. Statement of Plan for Augmentation: Applicant owns the Alexander Lake Lodge and cabin site (hereinafter “JJAK Property”), which is comprised of approximately 10.1 acres, located in Tracts 37 and 75, Township 12 South, Range 95 West of the 6th P.M., in Delta County, Colorado. The JJAK Property operates as a short-term and vacation housing site consisting of a lodge with a restaurant and several cabins. By this Application, the Applicant proposes a plan for augmentation to provide an integrated water supply system for the existing structures located at the JJAK Property, as well as new structures to be developed on the Property. The plan will provide for a potable water supply system to serve in-house domestic and in-building commercial needs, livestock watering, and irrigation for lawns, gardens and community areas. The purpose of the augmentation plan described herein is to protect the existing and expanded water supply for the JJAK Property by augmenting of out-of-priority depletions from the Augmented Water Rights. Estimated water demands, consumptive uses and augmentation requirements. The proposed water demand for the JJAK Property will be associated with the combined use of one lodge consisting of five bedrooms, three bathrooms and a restaurant; 20 cabins; one tack/equestrian shop with one bathroom; livestock watering for up to five horses; and irrigation of a total of 8,000 square feet of lawns, gardens and community areas. Annual diversions are estimated at 21.7 acre-feet and related annual consumptive use is estimated at 3.5 acre-feet. Total EQR value for the JJAK Property is 56.1 EQRs, with 1 EQR equaling the water use of 3.5 people at 100 gallons of water per person per day. Because of the proximity of the water storage reservoirs to the Augmented Water Rights, no transit losses should be associated with the delivery of the GMWCD augmentation water; however, contracted augmentation water supplies will include five percent (5%) of depletions to cover any potential transit losses. In-building Domestic and Commercial Uses. The JJAK Property will require a water supply for: one lodge consisting of five bedrooms, three bathrooms and a restaurant; 20 cabins; and one tack/equestrian shop with one bathroom. Water demands for the lodge assume a 15-person occupancy on 12 a year-round basis, and the restaurant has a 100-seat capacity. The total EQR value for the lodge and restaurant is 34.1 EQRs. Water demands for each of the 20 cabins assume 3.5 people per cabin with 100% occupancy year-round. The EQR value for each of the cabins is 1.0 EQR, for a total cabin EQR value of 20 EQRs. The tack/equestrian shop includes one bathroom and has a total EQR value of 2.0 EQRs. All of the structures will be served by septic tank/leach field systems with a 15% consumptive use assumption, resulting in an annual in-building consumptive use of 3.19 acre-feet. Livestock Watering Use. The JJAK Property will provide livestock watering for up to five animals, at 10 gallons per animal per day. Livestock watering is presumed to be 100% consumptive, for a total annual diversion and consumptive use of 0.056 acre-feet. Irrigation Uses. Annual irrigation and lawn watering consumptive use is estimated at 0.30 acre-feet, based on an annual diversion of 0.376 acre-feet and an application efficiency of 80% for the irrigation of a total of 8,000 square feet of lawns and gardens within the JJAK Property. Augmentation Water Supplies. Augmentation water will be provided from the sources identified above as necessary to augment out-of-priority depletions caused to the unnamed tributary of Ward Creek, Ward Creek, Tongue Creek and the Gunnison River by diversions of water from the Augmented Water Rights. Prior to the entry of a ruling or decree, Applicant will provide evidence to the Court of an application for a water supply contract for the required amount of augmentation storage water needed to replace out-of-priority depletions, plus five percent (5%) to cover transit losses. A portion of the annual consumptive use may occur at times when there is no call on the Gunnison River system. Nevertheless, the plan provides for full replacement of depletions from Applicant’s uses from the Augmented Water Rights. Applicant will provide evidence to the Court regarding the timing of depletions from its uses of water from the Augmented Water Rights. Fourth Claim; Application for Appropriative Right of Exchange. Alexander Lake Exchange. Location: The exchange reach follows an unnamed tributary of Ward Creek from the points of diversion for the JJAK Well Nos. 1 and 2, Alexander Lodge Well and JJAK Spring located on the JJAK Property and feeds into Alexander Lake. Upper Termini: Points of diversion for the JJAK Well Nos. 1 and 2, Alexander Lodge Well and JJAK Spring, as described in the First Claim and the Second Claim herein. Lower Terminus: The inlet of Alexander Lake is located in Section 1 of Township 12 South, Range 95 West of the 6th P.M. at a point 2134 feet south of the north section line and 884 feet east of the west section line of said Section 1. Appropriation Date: February 9, 2004. How Appropriation Was Initiated: The exchange appropriation was initiated by the formation of intent to appropriate water and application to GMWCD for a water supply contract for the delivery of augmentation water. Rate of Exchange: 0.44 c.f.s. (200 g.p.m.). Proposed Uses: Domestic, irrigation, commercial, recreation, fire protection and stock watering. Number of acres historically irrigated: N/A. Total area proposed to be irrigated: 8,000 square feet of lawns and gardens. Legal description of the land irrigated: 8,000 square feet of land within the Applicant’s property. If non-irrigation, describe purpose fully: Domestic, commercial, recreation, fire protection and stock watering purposes. Source of Exchange Deliveries: Exchange water will be delivered from the Eggleston Lake or Skinned Horse Reservoir augmentation water supply sources to Alexander Lake, the lower terminus of the exchange reach. The exchange water will then be delivered along an unnamed tributary of Ward Creek from the Alexander Lake inlet to the points of diversion for the JJAK Well Nos. 1 and 2, Alexander Lodge Well and JJAK Spring located on the JJAK Property. Operation of Exchange: When the Applicant’s water rights divertible at the JJAK Well Nos. 1 and 2, Alexander Lodge Well and/or JJAK Spring are not in priority because of a valid call by senior adjudicated water rights, then the Applicant will continue to divert water at those structures and will deliver water from the augmentation water supply sources as needed to satisfy the call. Operation of the exchange is only required for the delivery of augmentation water supplies from either Eggleston Lake or Skinned Horse Reservoir, and operation of the exchange is not required for the delivery of augmentation water supplies from the Arch Slough. Additional Information. Names and addresses of owners of land on which structures are located: JJAK Well Nos. 1 and 2, Alexander Lodge Well, JJAK Spring: Applicant. Upper Eggleston Lake: Grand Mesa Water Conservancy District, P.O. Box 129, Cedaredge, CO 81413. United States of America, Department of Agriculture, Forest Service, 2250 Highway 50, Delta, CO 81416. Arch Slough: Grand Mesa Water Conservancy District, P.O. Box 13 129, Cedaredge, CO 81413. United States of America, Department of Agriculture, Forest Service, 2250 Highway 50, Delta, CO 81416. Skinned Horse Reservoir: Grand Mesa Water Conservancy District, P.O. Box 129, Cedaredge, CO 81413. United States of America, Department of Agriculture, Forest Service, 2250 Highway 50, Delta, CO 81416. Well Spacing: The Applicant’s engineer has determined that there are six wells located within 600 feet of the locations of the JJAK Well No.1, JJAK Well No. 2, and/or the Alexander Lodge Well. Pursuant to the requirements of C.R.S. § 37-90-137(2)(b)(II)(B), a copy of this Application was sent to the record owners of those wells ten (10) days prior to the filing of this Application. Exhibits. Attached to this Application are the following Exhibits: Exhibit A: Map of JJAK Property. Exhibit B: Table 1 – Water Requirements Table. Exhibit C: Affidavit of Ellen Gaugler. WHEREFORE, Applicant requests that the Court enter a decree: (1) confirming the underground water rights as described herein; (2) confirming the surface water right as described herein; (3) approving the plan for augmentation described herein; (4) approving the appropriative right of exchange described herein; and (5) granting such additional relief as the Court deems appropriate. DELTA COUNTY.

AMENDED

21) Case No. 01CW122, Montrose County, Colorado - Cedar Park Gulch, tributary to Cedar Creek, tributary to the Uncompahgre River. Second Amended Application for Change of Water Rights and for Absolute Surface Water Right. Nick H. Gray c/o Victor T. Roushar, P.O. Box 327, Montrose, CO 81402, (970) 249-4531 and David C. Hallford, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Summary: Applicant restates and amends his claims to (1) change the point of diversion for his 1.5 c.f.s. interest in the Moshisky Ditch water right, and (2) confirm an absolute water right for irrigation use in the amount of 5.5 c.f.s. for the Cedar Park Ditch-Gray Enlargement. Claim for Change of Water Right: Moshisky Ditch No. 97, Priority No. 153. Decree: Date Entered: 07/03/1929. Case No.: CA 3728, District Court, Montrose County. Decreed point of diversion: A point on the east bank of Cedar Park Gulch whence the W1/4 corner of Sec. 25, T. 49 N., R.8 W., N.M.P.M., bears N. 51degrees 21' W., 225 ft. Appropriation Date: 09/02/1911. Amount: 1.50 c.f.s. Historical Use: This water right has been used with other water rights to irrigate Applicant’s ranch. A map of irrigated areas is attached as Exhibit A to the application. A general location map is attached as Exhibit B to the application. Summaries of State Engineer diversion records are attached as Exhibit C to the application. Proposed Changes: Applicant requests that the point of diversion for the Moshisky Ditch be changed to the headgate of the Cedar Park Ditch for irrigation use on the lands referenced above. The Cedar Park Ditch was decreed in CA 3728, District Court, Montrose County on 07/03/1929. The diversion as decreed in that case is on the W. bank of Cedar Gulch whence the W. quarter corner of Sec. 25, T. 49 N., R. 8 W., N.M.P.M. bears N. 27degrees 15' W., 3540 ft. Claim for Absolute Surface Water Right: Cedar Park Ditch, Gray Enlargement. Point of Diversion: on the W. bank of Cedar Gulch whence the W. quarter corner of Sec. 25, T. 49 N., R. 8 W., N.M.P.M. bears N. 27degrees 15' W., 3540 ft. Date of initiation of appropriation: 07/31/1954. How appropriation was initiated: by diversion of water through the existing Cedar Park Ditch headgate and application to beneficial use for irrigation as described below. Date water applied to beneficial use: 07/31/1954. Amount claimed: 5.50 c.f.s. absolute. Use: Irrigation of 380 acres. See Exhibit A to the application. Approximate legal description of area within which irrigated lands are located: SE SW and SE of Sec. 23, W1/2 SW of Sec. 24, NW of Sec. 25, and N1/2 of Sec. 26, all in T. 49 N., R. 8 W., N.M.P.M. Name and Address of Owner of Land on Which Point of Diversion and Place of Use is Located: Applicant. MONTROSE COUNTY.

22) Case No. 01CW123, (Consolidated with 01CW187) Cedar Park Gulch, tributary to Cedar Creek, tributary to the Uncompahgre River. Second Amended Application for Change of Water Right and for Absolute Surface Water Right Nick H. Gray c/o Victor T. Roushar, P.O. Box 327, Montrose, CO 81402, (970) 249-4531 and David C. Hallford, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Summary: Applicant restates and amends his claims to (1) correct the legal 14 description of the historical point of diversion for his 0.5 c.f.s. interest in the Menke-McCollum Ditch water right, and (2) confirm an absolute water right for irrigation use in the amount of 1.0 c.f.s. for the Menke-McCollum Ditch, Gray Enlargement. Claim for Change of Water Right: Menke-McCollum Ditch No. 121, Priority No. 182. Decree: Date Entered: 07/02/1925. Case No.: CA 4573, District Court, Montrose County. Decreed point of diversion: A point on the E. bank of Cedar Park Gulch whence the W1/4 corner of Sec. 25, T. 49 N., R.8 W., N.M.P.M., bears N. 51degrees 21' W., 225 ft. The decree in CA 4573 states: “And it further appears, and the Court Finds, that the water in said Cedar Park Gulch, for which this decree is sought, is foreign and newly acquired water, brought into the water shed of the Uncompahgre River from the Cimarron River, and never was, and never became tributary to the Uncompahgre River, . . . and it never at any time reached the Uncompahgre River or any of its tributaries.” The decree also ordered, adjudged and decreed, inter alia, “that regardless of date or number, said priority shall not be subject to any other decreed priority in said Water District No. 41.” Appropriation Date: 07/31/1905. Amount: 0.5 c.f.s. owned by Applicant of the total 1.0 c.f.s. decreed. Historical Use: This water right has been used with other water rights to irrigate Applicant’s ranch. A map of irrigated areas prepared by NRCS personnel is attached as Exhibit A to the application. A general location map is attached as Exhibit B to the application. Summaries of State Engineer diversion records are attached as Exhibit C to the application. Proposed Change: Applicant wishes to correct the legal description of the headgate of the Menke-McCollum Ditch. The point of diversion has not changed physically, but can be more correctly described as: On Cedar Park Gulch in the NW1/4 NE1/4 SW1/4 of Sec. 25, T. 49N., R. 8 W., N.M.P.M. at a point 3950 ft. W. of the E. Sec. line and 2250 N. of the S. Sec. line. Claim for Absolute Surface Right: Name of Structure: Menke-McCollum Ditch, Gray Enlargement. Point of Diversion: The NW1/4 NE1/4 SW1/4 of Sec. 25, T. 49N., R. 8 W., N.M.P.M. at a point 3950 ft. W. of the E. Sec. line and 2250 N. of the S. Sec. line. Date of initiation of appropriation: 07/31/1954. How appropriation was initiated: by diversion of water through the existing Menke-McCollum Ditch and application to beneficial use for irrigation as described below. Date water applied to beneficial use: 07/31/01954. Amount claimed: 1.0 c.f.s. absolute. Use: Irrigation of 380 acres. See Exhibit A to the application. Approximate legal description of area within which irrigated lands are located: SE SW and SE of Sec. 23, W1/2 SW of Sec. 24, NW of Sec. 25, and N1/2 of Sec. 26, all in T. 49 N., R. 8 W., N.M.P.M. Name and Address of Owner of Land on Which Point of Diversion and Place of Use is Located: Applicant. MONTROSE COUNTY.

23) Case No. 03CW118, (Ref. No. 93CW203), Mad Dog Water Company, 4345 F. Road, Crawford, CO 81415, (970) 921-7625. Amended Application for Finding of Diligence: GLENN SPRINGS POND. Located NW ¼ SE ¼ Section 22, Township 15 South, Range 91 West, 6th P.M. Distance from section lines: At a point 1550’ from south section line, 2400 feet from east section line. Source of Water: Gunnison River. Appropriation date: 6-30-93; Amount: .50 acre feet. Use: Fish culture, irrigation, and stock water. Provide 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: Routine maintenance and cleaning of pond. DELTA COUNTY.

24) CASE NO. 04CW007 (Ref. No. 97CW29), Wolf Land Company, L.P. c/o Andrew A. Mueller, The Tisdel Law Firm, P.C., P.O. Box 646, 645 Second Street, Ouray, CO 81427-0646, Phone Number: (970) 325-4414; Fax Number: (970) 325-7333.; AMENDED APPLICATION TO MAKE ABSOLUTE; SURFACE RIGHT FOR FISHER CREEK SPRING DIVERSION. 1. Name of Structure: Fischer Creek Spring Diversion 2. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: January 7, 1998. Case No.: 97CW29. Court: Water Division No. 4. B. Legal description: NE1/4 of SE1/4 of Section 27, Township 46 North, Range 9 West, N.M.P.M., at a point 2044 feet from the South and 696 feet from the East. C. Source: This diversion takes water tributary to Fisher Creek, tributary to the Uncompahgre River. D. Appropriation Date: October 7, 1996. Amount: .033 c.f.s. E. Use: The conditional water right was granted for stock 15 water and domestic uses. 3. 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 Applicant has leased the land on which the water is being used to an agricultural user since the Applicant purchased the property. The agricultural lessee, Cliff Ary, has run approximately seventy (70) head of cattle on the property. The Applicant has also cleaned the Spring so that the cattle may use it for stock water purposes. The Applicant has not made domestic use of the water. The Applicant herein is applying to make the entire .033 c.f.s. amount absolute as to the stock water uses, thereby abandoning the domestic use for which the conditional decree was granted. 4. If claim to make absolute: Water applied to beneficial use: A. Date: May 1, 1995. Amount: .033 c.f.s. Use: As stated previously, the water has been used for stock water purposes by cleaning the Spring, and renting the land to an agricultural user who has run seventy head of cattle on the property. 5. Name(s) and address(es) of owner(s) of the land on which structures 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. Wolf Land Company, L.P., 6805 Highway 62, Ridgway, CO 81432. 6. Notes: The legal description of the location of the Fisher Creek Spring Diversion set forth in Case No. 97CW29 is within 200 feet of the amended legal description identified by the Division Engineer, and provided herein. OURAY COUNTY.

You are further notified that you have until the last day of July 2004, to file with the Water Clerk, in quadruplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5. Filing fee - $70.00 (Statement of Opposition form may be obtained from the Water Clerk’s Office).

______June 4, 2004 Valerie Inda, Water Clerk Division No. 4 1200 North Grand Avenue, Bin A Montrose, CO 81401 [email protected]